[Ord. No. 6967, 11-11-2025]
For the purpose of this Chapter, the following terms, phrases and words shall have the following meanings unless otherwise indicated by context:
COVERED PRODUCTS
Whenever the term "Covered Product" or "Covered Products" is used, such term shall be deemed to include tobacco products, alternative nicotine products, electronic nicotine delivery systems, vapor products, hemp-derived intoxicants, and supporting paraphernalia for the use or consumption of such products. This term shall not include marijuana products as defined in and regulated by Article 14, Sections 1 and 2 of the Missouri Constitution.
HEMP-DERIVED INTOXICANTS
Any intoxicating cannabinoids which have been derived, developed, processed, manipulated, converted, isomerized, and/or otherwise created from hemp.
INTOXICATING CANNABINOIDS
Any cannabinoid, however derived or created, that has an intoxicating effect when consumed or otherwise ingested, irrespective of whether the cannabinoid was created or developed through natural means or through chemical conversion, isomerization, synthetic derivation, heat, or any other process by which molecules may be manipulated or any cannabinoid, semi-synthetic or synthetic cannabinoid, or precursor to an intoxicating cannabinoid that may become intoxicating when heated, decarboxylated, or otherwise manipulated, excluding, without limitation, CBD.
NET ASSETS
The book value of the current assets of a person or operator less its applicable liabilities as stated in this Section. Current assets include the investment made in cash, bank deposits, merchandise inventory and loans due from customers excluding the pawn service charge. Current assets do not include the investments made in fixed assets of real estate, furniture, fixtures or equipment, investments made in stocks, bonds or other securities or investments made in prepaid expenses or other general intangibles. Applicable liabilities include trade or other accounts payable, accrued sales, income or other taxes; accrued expenses; and notes or other payables that are unsecured or secured in whole or part by current assets. Applicable liabilities do not include liabilities secured by assets other than current assets. Net assets must be represented by a capital investment unencumbered by any liens or other encumbrances to be subject to the claims of general creditors.
PERSON OF GOOD MORAL CHARACTER
A person who has not been convicted of any State, Federal or municipal offense involving drugs or narcotics, robbery, burglary, theft, stealing, receiving stolen property, embezzlement, extortion, forgery, gambling, bribery, perjury, any weapons offense or any crime of violence.
RETAIL SMOKING ESTABLISHMENT
An establishment primarily engaged in the display, marketing, and sale of tobacco products, non-tobacco nicotine products, alternative nicotine products, electronic nicotine delivery systems, vapor products, hemp-derived intoxicants, and supporting paraphernalia for use or consumption off-premises. This establishment shall not include marijuana products or alcohol products.
[Ord. No. 6967, 11-11-2025]
A. 
Licenses Required. No person shall operate a Retail Smoking Establishment in the City unless such person obtains a Retail Smoking Establishment license issued by the City in accordance with the general licensing provisions of Chapter and the specific provisions of this Chapter. A Retail Smoking Establishment must also obtain a general merchants business license under Chapter 605 and such licenses may be combined. A license is required for each place where such business is transacted; and no one shall act as an agent, employee or solicitor for any Retail Smoking Establishment while such person is engaged in such business at a place other than that specified in the license. It shall be unlawful for any person to conduct or transact a Retail Smoking Establishment business in the City unless he/she shall keep posted in a conspicuous place in the place of business the license certificate therefor. The license for Retail Smoking Establishments shall clearly state that the establishment is not a "Marijuana Dispensary" as regulated by Article 14, Sections 1 and 2 of the Missouri Constitution.
B. 
Licensing. All licenses issued under this Chapter are for a period of one (1) year or portion of one (1) year and beginning on July first (1st) and expiring on June thirtieth (30th). The license fee for any license which is issued for a portion of a year shall be prorated by the Director.
C. 
Application For New Retail Smoking Establishment License.
1. 
An application for a new Retail Smoking Establishment license shall be under oath and on forms prescribed and provided by the Director and shall contain other relevant information sufficient to inform the Director regarding the qualifications of the applicant for a license as required by the Director. At minimum, the application shall include:
a. 
The full name and address of the applicant and each prospective Retail Smoking Establishment employee, if known, for the past two (2) years;
b. 
The address where the business is to be conducted;
c. 
A statement as to whether the applicant and each prospective Retail Smoking Establishment employee, if known, have ever been convicted of a felony;
d. 
The name, address and phone number of at least two (2) persons of good moral character who may be used as character references for the applicant and each prospective Retail Smoking Establishment employee, if known; and
e. 
If the applicant is a partnership, the application shall include the required information for each partner and whether such partner is a general partner or a limited partner. If the applicant is a corporation, the application shall include the required information for each officer and director and each shareholder owning twenty percent (20%) or more of the corporate stock.
2. 
The application shall be accompanied by:
a. 
Proof of general liability insurance in the amount of one million dollars ($1,000,000.00);
b. 
A copy of the application for a merchant's business license under Chapter 605 and proof of payment of the fee for such license; and
c. 
If the applicant is a corporation, a "certificate of good standing" issued by the Missouri Secretary of State.
D. 
Non-Use And Transfer Of License.
1. 
If the Retail Smoking Establishment shall not conduct business for any continuous period of ninety (90) days after the issuance of a license, the license shall be null and void.
2. 
Licenses are personal to the licensee and may not be transferred to any other person. Any attempt to transfer such license to any other person shall render said license null and void. It shall be unlawful for any person to do business or to attempt to do business under a license transferred to him/her.
E. 
Investigation By Director. The Director shall investigate the facts contained in an application for a new Retail Smoking Establishment license and shall request the assistance of the Chief of Police and any other person who has knowledge of the facts contained in the application or who is authorized to investigate these facts.
F. 
Standards For Issuance. No license shall be issued to any person who:
1. 
Is not of good moral character or to any Retail Smoking Establishment employing persons who are not of good moral character; or
2. 
Makes a false statement of material facts in the application for a license or a renewal license; or
3. 
Fails to show that the Retail Smoking Establishment will be operated lawfully and fairly within the purposes of the Chapter; or
4. 
Has a felony or misdemeanor conviction which either directly relates to the duties and responsibilities of the occupation, pertaining to the sale, possession or use of the Covered Products or controlled substances, or which otherwise makes the applicant presently unfit for a license; or
5. 
Does not have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a Retail Smoking Establishment for each licensed Retail Smoking Establishment.
G. 
Exemption From Requirement For New Retail Smoking Establishment License. A person who is lawfully operating a Retail Smoking Establishment on the date of the enactment of this Chapter may continue operating such Retail Smoking Establishment, so long as such person does not violate any applicable law with respect to the Covered Products or any ordinance of the City pertaining to the establishment. Such persons may continue to operate those Retail Smoking Establishments then in existence but at the start of the following license year, must obtain a license and must obtain annual renewal licenses.
H. 
Suspension Or Revocation Of License.
1. 
If the Director believes that any condition has changed such that the licensee would not be eligible to receive a license or that the licensee is in violation of this Chapter or any State or municipal law, the Director may suspend the license following written notice to the licensee and a hearing at which the licensee may present evidence.
2. 
Following such notice and hearing, if the Director believes that the licensee is capable of remedying the adverse change in conditions and if the licensee has not previously been in violation of this Chapter or State or municipal law, the Director may suspend the license. If the Director believes that the changed conditions(s) are such that the changed condition(s), if true, that the licensee would not be able to remedy the situation in a reasonable time or if the licensee has previously been in violation of this Chapter or State or municipal law, then the Director may revoke the license.
3. 
If the Director believes that the safety, morals or peace of residents of the City is immediately affected by the change in conditions, the Director may suspend or revoke the license prior to a hearing; but he/she shall afford the licensee a hearing within five (5) days of the suspension or revocation if the licensee desires such a hearing. If the Director believes that the changed condition is not of such imminent hazard to the safety, morals or peace of the residents of the City, he/she may hold a hearing prior to taking any action. He/she shall give the licensee at least ten (10) days' notice of the hearing.
4. 
Any party aggrieved by a decision of the Director may appeal to the Circuit Court of St. Louis County in accordance with the provisions of Chapter 536, RSMo.
[Ord. No. 6967, 11-11-2025]
A. 
As a condition of such License, a Law Enforcement Officer shall be entitled to inspect the property and products available for sale without prior notice or the necessity of obtaining a search warrant during regular business hours in a manner so as to minimize interference with or delay to the business operation.
B. 
All licensees shall be required, on a quarterly basis, to test a sampling of all types of hemp-derived products to ensure that such products do not contain any substances or amounts of substances prohibited by Federal or State law. The licensee shall keep such testing records for a period of two (2) years and provide such records to the City upon request.
[Ord. No. 6967, 11-11-2025]
A. 
Digital age verification calendars shall be provided at all checkouts to assist with age verification.
B. 
All owners, managers, and employees of a Retail Smoking Establishment shall complete the Show-Me Education and Compliance Training within thirty (30) days of employment and each year thereafter.
C. 
No person or entity shall sell individual packs of cigarettes or smokeless tobacco products unless such packs satisfy one (1) of the following conditions prior to the time of sale:
1. 
It is sold through a vending machine; or
2. 
It is displayed behind the checkout counter or it is within the unobstructed line of sight of the sales clerk or store attendant from the checkout counter.
D. 
No person or entity shall sell individual cigarettes.
E. 
No person or entity shall sell, distribute or provide cigarettes, cigarette tobacco, or roll-your-own tobacco that contain a characterizing flavor except menthol or tobacco flavor.
F. 
All smokeless tobacco products shall be sold in the original manufacturer's package. No person or entity shall repackage smokeless tobacco products into smaller amounts for sale.
G. 
No person or entity shall market or sale non-tobacco nicotine products unless such marketing and sale of such product has been authorized by the FDA.
H. 
No Covered Product shall be displayed to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility where such Covered Products are available for sale.
I. 
No Covered Product shall be sold or distributed between the hours of 1:30 A.M. and 6:00 A.M.
J. 
No Barred Windows Or Doors. No building in which a Retail Smoking Establishment operates shall have any bars or similar security features or structures on or in any window or door.
[Ord. No. 6967, 11-11-2025]
It is the intention of the Board of Aldermen that this Chapter shall be read in harmony with all other Chapters of the City and that such Chapters and provisions shall be so construed, interpreted, administered and applied as to reconcile any differences between them and this Chapter. To the extent that any such Chapters and provisions are determined to be irreconcilable with the provisions of this Chapter, but only to the extent, the provisions of this Chapter shall be deemed to have superseded the conflicting provisions.
[Ord. No. 6967, 11-11-2025]
Any person operating a Retail Smoking Establishment without a license or otherwise in violation of the standards and requirements of this Code shall be guilty of a violation of this Chapter and, upon conviction thereof, shall be punished as provided in Section 100.110 of this Code.