Wright City, MO
Warren County
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Table of Contents
Table of Contents

Section 260.010 Definitions.

[Ord. No. 308 §I, 3-14-1996]
As used in this Chapter, the following terms shall have the meanings set out herein:
CENTER OF YOUTH ACTIVITIES
Any playground, school or other facility, when such facility is being used primarily by persons under the age of eighteen (18) for recreational, educational or other purposes.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PERSON
An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government, or any other legal entity which is recognized by law as the subject of rights and duties.
PROOF OF AGE
A driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed, or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokable cigarette.
SAMPLE
A tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
VENDING MACHINE
Any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

Section 260.020 Required Signs.

[Ord. No. 308 §I, 3-14-1996]
A. 
The owner of an establishment at which tobacco products or rolling papers are sold at retail or through vending machines shall cause to be prominently displayed in a conspicuous place at every display from which tobacco products are sold and on every vending machine where tobacco products are purchased a sign that shall:
1. 
Contain in red lettering at least one-half (½) inch high on a white background the following: "It is a violation of State law for cigarettes or other tobacco products to be sold to any person under the age of eighteen"; and
2. 
Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18".

Section 260.030 Proof of Age Required, When.

[Ord. No. 308 §I, 3-14-1996]
A. 
A person selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of eighteen (18).
B. 
Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of Section 260.040(A and B). No person shall be liable for more than one (1) violation of Section 260.040(A and B) on any single day.

Section 260.040 Unlawful To Sell or Distribute Tobacco Products To Minors or Fail To Display Required Sign, Penalties — What Persons Are Liable — Family Members, Exempt, When.

[Ord. No. 308 §I, 3-14-1996]
A. 
It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen (18) years of age.
B. 
No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. This Subsection shall not apply to the distribution by family members on property that is not open to the public.
C. 
Any person who violates Subsections (A) or (B) of this Section or Section 260.020 shall be fined:
1. 
For the first (1st) offense, twenty-five dollars ($25.00);
2. 
For the second (2nd) offense, one hundred dollars ($100.00);
3. 
For a third (3rd) and subsequent offense, two hundred fifty dollars ($250.00).
D. 
If a sale is made by an employee of the owner of an establishment in violation of Sections 260.010 to 260.030, inclusive, the employee shall be guilty of an offense established in Subsections (A) and (B) of this Section. If a vending machine is in violation of Section 260.020, the owner of the establishment shall be guilty of an offense established in Subsections (A) and (B) of this Section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in Subsections (A) and (B) of this Section.

Section 260.050 Additional Offenses.

[Ord. No. 308 §I, 3-14-1996]
A. 
It shall be unlawful for any minor:
1. 
To possess any tobacco product or rolling papers;
2. 
To misrepresent his/her identity or age for the purpose of possessing tobacco products or rolling papers;
3. 
To use any false or altered identification for the purpose of possessing tobacco products or rolling papers.
This Subsection shall not apply to any minor under the direct supervision of the parent or guardian of such minor in the privacy of the parent's or guardian's home.
B. 
Any person who violates Subsection (A) of this Section shall be fined:
1. 
For the first (1st) offense, twenty-five dollars ($25.00);
2. 
For the second (2nd) offense, one hundred dollars ($100.00);
3. 
For a third (3rd) and subsequent offense, two hundred fifty dollars ($250.00).

Section 260.060 Distribution Around Youth Centers.

[Ord. No. 308 §I, 3-14-1996]
It shall be unlawful for any person to distribute tobacco products within one hundred (100) feet of any center of youth activities.

Section 260.070 Business Distribution.

[Ord. No. 308 §I, 3-14-1996]
It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting, or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute tobacco products or rolling papers free of charge to any persons on any right-of-way, park, playground or other property owned by the City of Wright City or any school district, any park district, or public library within the City of Wright City.

Section 260.080 Vending Machine.

[Ord. No. 308 §I, 3-14-1996]
A. 
It shall be unlawful for any licensee to distribute tobacco products or rolling papers by use of a vending machine unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by minors.
B. 
Any premises where access by minors is prohibited by law or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located at such premises shall be exempt from the requirements of this Section.

Section 260.090 Additional Penalties.

[Ord. No. 308 §I, 3-14-1996]
Any person who violates Sections 260,060, 260.070, or 260.080 shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).