Article I Comprehensive Regulation of Tobacco and Tobacco Products
Article II Cigarette Tax
[Ord. No. 1624 §I, 9-10-1997]
Whereas, after considerable discussion and consideration, the Mayor and City Council of the City of Richmond, Missouri, expressly find and declare that the Police powers of the City of Richmond, that in order to protect the safety, health and welfare of the citizens of the City of Richmond, Missouri, and other persons located therein, the following:
Cigarette smoking is dangerous to human health;
There exists substantial scientific evidence that the use of tobacco and tobacco products causes cancer, heart disease, and various other medical disorders and health risks;
The Surgeon General of the United States has declared that nicotine addiction from tobacco and tobacco products is similar to addiction to cocaine and is the most widespread example of drug dependence in this country;
The Director of the National Institution on Drug Abuse has concluded and published that the majority of the three hundred twenty thousand (320,000) Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent;
The National Institute on Drug Abuse has found and published that cigarette smoking precedes and may be predictive of adolescent illicit drug usage;
The present legislative scheme of prohibiting sales of tobacco and tobacco products to persons under the age of eighteen (18) years of age has proven ineffective in preventing such persons from using or otherwise acquiring tobacco and/or tobacco products; and
The enactment of this Article directly pertains to and is in furtherance of the health, welfare and safety of the residents of the City of Richmond in general and especially those residents who are under the age of eighteen (18) years.
[Ord. No. 1624 §II, 9-10-1997]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:
- TOBACCO PRODUCTS
- Any substance containing tobacco leaf, including, but not limited to: Cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, and all are tobacco related materials.
- VENDING MACHINES
- Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
Editor's Note — Ord. no. 1831 §I, adopted May 22, 2002, repealed sections 615.030 "license required", 615.040 "license application", 615.050 "license fee" in their entirety. Former sections 615.030 — 615.050 derived from ord. no. 1624 §§III — V, 9-10-97. At the editor's discretion, these sections have been reserved for the city's future use.
[Ord. No. 1624 §VI, 9-10-1997]
It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or otherwise deliver tobacco or tobacco products to any person under the age of eighteen (18) years.
Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco or tobacco products for sale or other distribution. The merchant may use signs provided by the State or other similar agency or entity.
[Ord. No. 1624 §VII, 9-10-1997]
It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to engage, employ or permit any person under the age of sixteen (16) years to sell tobacco products or otherwise distribute tobacco products in any licensed premises.
[Ord. No. 1624 §VIII, 9-10-1997]
It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco or tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco or tobacco products.
Compliance Check Exemption. Exempt would be persons younger than eighteen (18) years of age who are enlisted to test compliance with this Article under the strict supervision of the City Police and pursuant to the specific guidelines established by that department, provided that the parents or legal guardians of such persons execute a written consent form and a written release form. The original forms shall be filed with the Chief of Police and copies shall be filed with the City Administrator and the City Clerk.
[Ord. No. 1624 §IX, 9-10-1997]
It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products; provided that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
[Ord. No. 1624 §X, 9-10-1997]
It shall be unlawful for any person to sell, offer for sale, give away or otherwise deliver tobacco or tobacco products within fifty (50) feet of any school property, property of any child care facility, or other building used primarily for education or recreational programs for persons under the age of eighteen (18) years.
[Ord. No. 1624 §XI, 9-10-1997]
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, give away or to otherwise deliver tobacco or tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the City of Richmond, any school district located within the City of Richmond, any park district located within the City of Richmond or any public library located within the City of Richmond, and upon all real property owned by the City of Richmond, Missouri.
[Ord. No. 1624 §XII, 9-10-1997]
It shall be unlawful for any licensee to sell, offer for sale, give away or otherwise deliver or to keep with the intention of selling, giving away or otherwise delivering tobacco or tobacco products 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 persons under the age of eighteen (18) years.
Any premises where access by persons under the age of eighteen (18) years 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 businesses located at such premises, shall be exempt from the requirements of this Subsection (A) above.
[Ord. No. 1624 §XIII, 9-10-1997]
Every act or omission of whatever nature, constituting a violation of any of the provisions of this Article by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
[Ord. No. 1624 §XIV, 9-10-1997]
The Mayor and the City Administrator shall be charged with the administration of this Article. The Mayor or the City Administrator may administratively suspend or revoke any license issued under the provisions of this Article, if he/she determines that the licensee has violated any of the provisions of this Article. In lieu of an administrative suspension or revocation of a license, the Mayor or City Administrator may instead levy an administrative fine on the licensee. The administrative fine imposed shall not exceed two hundred fifty dollars ($250.00) for each violation. Each day on which a violation continues shall constitute a separate violation for which a separate fine shall be collected.
However, no such license shall be administratively suspended or revoked and no licensee shall be administratively fined except after a public hearing by the Mayor or City Administrator with a seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the administrative charges contained in such notice. The seven (7) day notice provision shall begin the date following delivery of the notice by certified mail, or by personal service upon the person of the licensee or the business of the licensee. For purposes of service, delivery at the place of business of the licensee shall be deemed to be personal service. The fine and penalty provided for herein is hereby deemed to be an administrative penalty in addition to any and all other fines and penalties imposed herein after the violation of the terms of this Article.
The Mayor or City Administrator shall within seven (7) days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, or that the licensee should be administratively fined, state the reasons for such determination in a written order and either the amount of the administrative fine, the period of suspension, or that the license has been revoked and shall serve a copy of such order within the seven (7) days upon the licensee.
Any licensee determined by the Mayor or City Administrator to have violated any of the provisions of this Article shall pay to the City of Richmond the costs of the administrative hearing before the Mayor or City Administrator relating to such violation. The Mayor or City Administrator shall determine the costs incurred by the City of Richmond for such administrative hearing, including but not limited to: Court reporter's fees, the costs of the transcripts and records, attorneys' fees, the costs of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City of Richmond, or such lesser sum as the Mayor or the City Administrator may allow.
The licensee shall pay said costs to the City of Richmond within thirty (30) days of notification of the costs by the Mayor or City Administrator. Failure to pay said costs and/or any administrative fines imposed within thirty (30) days of notification is a violation of this Article and may cause and shall constitute good and sufficient cause for immediate license suspension and/or revocation until such time as all funds due and owing to the City of Richmond have been satisfied and paid in full by the licensee.
[Ord. No. 1624 §XV, 9-10-1997]
When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six (6) months thereafter for the conduct of the business of selling, giving away or otherwise distributing tobacco or tobacco products as defined in this Article in the premises described in such revoked license.
[Ord. No. 1624 §XVI, 9-10-1997]
In addition to the other responsibilities of the licensees under this Article, each licensee shall insure that all sales or other distribution of cigarettes, cigarette tobacco and tobacco products, or smokeless tobacco, or tobacco in any form to any person shall comply with the following requirements:
No licensee or his/her agent or employee may sell or otherwise distribute tobacco or tobacco products to any person younger than the age of eighteen (18) years;
Each licensee including his/her agent or employee shall verify, by means of photographic identification containing the bearer's date of birth, that no person purchasing tobacco or tobacco products is younger than eighteen (18) years of age;
The verification required in Subsection (B) above shall not be required from any person who appears to be over the age of twenty-six (26) years of age;
Each licensee and/or his/her agents or employees shall insure that all self-service displays, advertising, labeling and other items that are located in the licensee's establishment or business and that do not comply with the requirements of this Article are removed or are brought into compliance with the requirements of this Article; and
Each licensee and his/her agents shall ensure that all of his/her agents or employees are made aware of the provisions of this Article and shall ensure that all of his/her agents or employees comply with the provisions of this Article.
[Ord. No. 1624 §XVII, 9-10-1997]
Violation of any of the terms and conditions of this Article shall be a misdemeanor for which the authorized range of punishment for any person convicted of knowingly violating any of the provisions of this Article shall be as follows:
A fine of from one dollar ($1.00) to five hundred dollars ($500.00) and/or one (1) day to three (3) months in the Ray County Correctional Facility; or any combination of said fine and/or imprisonment; and further, that the person so convicted of any offense hereunder shall bear all costs related to any imprisonment imposed hereby and hereunder.
[Ord. No. 2077 §I, 3-12-2008]
There is hereby continued and reimposed a municipal cigarette tax on sellers of cigarettes within the City limits in the amount of four cents ($0.04) per pack of cigarettes to be remitted to the City Collector.