[Ord. No. 2739, 2-7-2023]
A.
DISTRIBUTE
PUBLIC PLACE
Definitions.
For the purposes of this Section, the following terms shall have the
meaning set forth below:
A conveyance to another person by barter or other transfer
not commonly recognized as a sale.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places,
include, but are not limited to, streets, sidewalks, parks, parking
structures, parking lots, health care facilities, restaurants, business
and commercial establishments (whether for profit or not for profit,
whether open to the public at large, or whether entrance is limited
by a cover charge or membership requirement), hotels, motels, restaurants,
bars, private clubs, event venues, cabarets, and meeting facilities
utilized by any religious, social, fraternal or similar organization.
Premises, or portions thereof, such as hotel rooms, used solely as
a private residence, whether permanent or temporary in nature, shall
not be deemed to be a public place.
B.
Any
person or entity who sells or distributes marijuana or marijuana-infused
products shall deny selling or distributing marijuana or marijuana-infused
products to an individual who is less than twenty-one (21) years of
age unless that individual presents a valid qualifying patient identification
card allowing such individual to purchase marijuana or marijuana-infused
products. It shall be unlawful for any person to sell or distribute
marijuana or marijuana-infused products to an individual who is less
than twenty-one (21) years of age who does not present a valid qualifying
patient identification card allowing such individual to purchase marijuana
or marijuana-infused products.
C.
Any person or entity who sells or distributes marijuana or marijuana-infused products in violation of Subsection (B) shall be assessed a fine of two hundred fifty dollars ($250.00) for the first violation, and five hundred dollars ($500.00) for each subsequent violation.
D.
If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Subsection (B) of this Section.
E.
A person
cited for selling or distributing marijuana or marijuana-infused products
to any individual less than twenty-one (21) years of age who does
not carry a valid qualify patient identification card shall conclusively
be presumed to have reasonably relied on proof of age of the purchaser
or recipient, and such person shall not be found guilty of such violation
if such person raises and proves an affirmative defense that such
individual presented a driver's license or other government-issued
photo identification purporting to establish that such individual
was twenty-one (21) years of age or older.
[Ord. No. 2739, 2-7-2023]
A.
No
person less than twenty-one (21) years of age shall purchase or attempt
to purchase marijuana or marijuana-infused products unless that person
presents at the time of sale a valid qualifying patient identification
card allowing for such purchase.
B.
Any
person less than twenty-one (21) years of age shall not misrepresent
his or her age to purchase marijuana or marijuana-infused products.
C.
Any
person who violates the provisions of this Section shall be guilty
of an infraction, and shall have any marijuana and/or marijuana infused-products
confiscated.
[Ord. No. 2739, 2-7-2023]
A.
A person
selling or distributing marijuana or marijuana-infused products shall
require proof of age from a prospective purchaser or recipient.
B.
Proof
Of Age. The operator's or chauffeur's license issued pursuant to the
provisions of Section 302.177, RSMo., as amended, or the operator's
or chauffeur's license issued pursuant to the laws of any State or
possession of the United States to residents of those States or possessions,
or an identification card as provided for in Section 302.181, RSMo.,
as amended, or the identification card issued by any uniformed service
of the United States, or a valid passport shall be presented by the
holder thereof upon request of owner or employee of an establishment
that sells marijuana or marijuana-infused products, for the purpose
of aiding the registrant, agent, or employee to determine whether
or not the person is at least twenty-one (21) years of age when such
person desires to purchase or receive marijuana or marijuana-infused
products. Upon such presentation, the owner or employee of the establishment
shall compare the photograph and physical characteristics noted on
the license, identification card, or passport with the physical characteristics
of the person presenting the license, identification card, or passport.
C.
Any
person who shall, without authorization from the Department of Revenue,
reproduce, alter, modify, or misrepresent any chauffeur's license
or motor vehicle operator's license shall be deemed guilty of an offense.
