Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
[Ord. No. 4523-16 §1, 12-21-2016]
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.
A conveyance to the public by sale, barter, gift or sample.
A person under the age of eighteen (18).
The city, village or town within which tobacco products are
sold or distributed or, in the case of tobacco products that are not
sold or distributed within a city, village or town, the county in
which they are sold or distributed.
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.
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.
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.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product samples.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
or dipping tobacco.
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device. Vapor product does not include any alternative
nicotine product or tobacco product.
[Ord. No. 4523-16 §1, 12-21-2016]
any mechanical electric or electronic, self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[Ord. No. 4523-16 §1, 12-21-2016]
A.
No person less than eighteen (18) years of age shall purchase, attempt
to purchase or possess cigarettes, other tobacco products, alternative
nicotine products, vapor products, or rolling papers unless such person
is an employee of a seller of cigarettes, tobacco products, alternative
nicotine products, or vapor products and is in such possession to
effect a sale in the course of employment or an employee of the Division
of Alcohol and Tobacco Control for enforcement purposes pursuant to
Subsection (5) of Section 407.934, RSMo.
B.
Any person less than eighteen (18) years of age shall not misrepresent
his or her age to purchase cigarettes, tobacco products, alternative
nicotine products, vapor products, or rolling papers.
C.
Any person who violates the provisions of this Section shall be penalized
as follows:
1.
For the first violation, the person is guilty of an infraction
and shall have any cigarettes, tobacco products, alternative nicotine
products, vapor products, or rolling papers confiscated.
2.
For a second violation and any subsequent violations, the person
is guilty of an infraction, shall have any cigarettes, tobacco products,
alternative nicotine products, vapor products, or rolling papers confiscated
and shall complete a tobacco education or smoking cessation program,
if available.
[Ord. No. 4523-16 §1, 12-21-2016[1]]
A.
No person shall sell cigarettes, tobacco products, alternative nicotine
products, vapor products, or rolling papers unless the person has
a retail sales tax license.
B.
The owner of an establishment at which tobacco products, alternative
nicotine products, vapor 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,
alternative nicotine products, or vapor products are sold and on every
vending machine where tobacco products, alternative nicotine products,
or vapor products are purchased a sign that shall:
1.
Contain in red lettering at least one-half (1/2) inch high on
a white background the following:
"IT IS A VIOLATION OF STATE LAW FOR CIGARETTES, OTHER TOBACCO
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO BE SOLD
OR OTHERWISE PROVIDED TO ANY PERSON UNDER THE AGE OF EIGHTEEN OR FOR
SUCH PERSON TO PURCHASE, ATTEMPT TO PURCHASE OR POSSESS CIGARETTES,
OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS";
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."
[1]
Editor's Note: Ord. No. 4523-16 also changed the title of
this Section from "Required Sign Stating Violation of State Law To
Sell Tobacco To Minors Under Age Eighteen — Display of Sign
Required On Tobacco Displays and Vending Machines" to "Retail Sales
Tax License Required For Sale of Tobacco Products, Alternative Nicotine
Products, Vapor Products or Rolling Papers — Display Sign Required
Where."
[Ord. No. 4523-16 §1, 12-21-2016]
A.
A person or entity selling tobacco products, alternative nicotine
products, vapor products, or rolling papers or distributing tobacco
product, alternative nicotine product, or vapor 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) years.
B.
The operator's or chauffeur's license issued pursuant to the provisions
of Section 302.177, RSMo., 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., 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
any agent of the Division of Alcohol and Tobacco Control or any owner
or employee of an establishment that sells tobacco, alternative nicotine
products, vapor products, or rolling papers for the purpose of aiding
the agent, owner or employee to determine whether or not the person
is at least eighteen (18) years of age when such person desires to
purchase or possess tobacco products, alternative nicotine products,
vapor products, or rolling papers. 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.
No person shall, without authorization from the Department of Revenue,
reproduce, alter, modify or misrepresent any chauffeur's license,
motor vehicle operator's license or identification card.
D.
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 Subsections (A), (B) and (C) of Section 215.940 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 215.940 on any single day.
[Ord. No. 4523-16 §1, 12-21-2016[1]]
A.
It shall be unlawful for any person to sell, provide or distribute
tobacco products, alternative nicotine products, vapor products, or
rolling papers to persons under eighteen (18) years of age.
B.
All vending machines that dispense tobacco products, alternative nicotine products, vapor products, or rolling papers shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen (18) years of age from purchasing any tobacco product, alternative nicotine product, vapor product, or rolling papers from such machine or shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen (18) years of age are not permitted or are prohibited by law. An owner of an establishment whose vending machine is not in compliance with the provisions of this Subsection shall be subject to the penalties contained in Subsection (E) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Alcohol and Tobacco Control. Nothing in this Section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.
C.
No person or entity shall sell, provide or distribute any tobacco
product, alternative nicotine product, or vapor product, or rolling
papers to any minor or sell any individual cigarettes to any person
in this State. This Subsection shall not apply to the distribution
by family members on property that is not open to the public.
D.
E.
Any owner of the establishment where tobacco products, alternative nicotine products, vapor products, or rolling papers are available for sale who violates Subsection (C) of this Section shall not be penalized pursuant to this Section if such person documents the following:
1.
An in-house or other tobacco compliance employee training program
was in place to provide the employee with information on the State
and Federal regulations regarding sales of tobacco products, alternative
nicotine products, or vapor products to minors. Such training program
must be attended by all employees who sell tobacco products, alternative
nicotine products, or vapor products to the general public;
2.
A signed statement by the employee stating that the employee
has been trained and understands the State laws and Federal regulations
regarding the sale of tobacco products, alternative nicotine products,
or vapor products to minors; and
3.
Such in-house or other tobacco compliance training meets the
minimum training criteria, which shall not exceed a total of ninety
(90) minutes in length, established by the Division of Alcohol and
Tobacco Control.
F.
The exemption in Subsection (E) of this Section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products, alternative nicotine products, vapor products, or rolling papers are available for sale if:
G.
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 Subsections (A), (B) and (C) of this Section. If a vending machine is operated in violation of Section 215.940, the owner of the establishment shall be guilty of an offense established in Subsections (C) and (D) 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 (C) and (D) of this Section.
H.
A person cited for selling, providing or distributing any tobacco product, alternative nicotine product or vapor product to any individual less than eighteen (18) years of age in violation of Subsection (A), (B) or (C) of this Section 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 as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was eighteen (18) years of age or older.
[1]
Editor's Note: Ord. No. 4523-16 also changed the title of
this Section from "Unlawful To Sell or Distribute Tobacco Products
To Minors, Failure To Display Required Sign, Penalties — What
Persons Are Liable — Family Members Exempt, When" to "Unlawful
To Sell or Distribute Tobacco Products, Alternative Nicotine Products,
Vapor Products, or Rolling Papers To Minors - Vending Machine Requirements."
[Ord. No. 4523-16 §1, 12-21-2016]
A.
No person or entity shall sell individual packs of cigarettes, alternative
nicotine products, vapor products, rolling papers, or smokeless tobacco
products unless such packs satisfy one (1) of the following conditions
prior to the time of sale:
[Ord. No. 4130-11 §2, 1-19-2011]
A.
BUSINESS
CITY
DIRECTOR OF REVENUE
DRINKING ESTABLISHMENT
EMPLOYEE
EMPLOYER
ENCLOSED AREA
PERMANENTLY DESIGNATED SMOKING ROOM
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
RESTAURANT
SERVICE LINE
SHOPPING MALL
SMOKING
SPORTS ARENA
Definitions. As used in this Section, the following terms
shall mean as follows:
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered and private
clubs.
The City of Hazelwood, Missouri.
The Director of Revenue of St Louis County.
Any business with a valid license issued by the City to sell
intoxicating liquor by the drink or to sell beer and light wine by
the drink whose on-site sales of food for consumption on the premises
comprises no more than twenty-five percent (25%) of gross sales of
food and both alcoholic and non-alcoholic beverages on an annual basis.
Any person who performs services for an employer with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City and County
or any agency thereof, which utilizes the services of at least one
(1) employee.
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one (1) time a year.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care, respite care or health care facility.
A not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veterans' organization, which has a defined
membership and restricts admission to members of the club and their
guests. Private club shall not include an establishment that is generally
open to members of the general public upon payment of a fee. A private
club shall not be considered a "public place" except when it is the
site of a meeting, event or activity that is open to the public.
Any enclosed or other area to which the public is invited
or in which the public is permitted, including, but not limited to,
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, production
and marketing establishments, retail service establishments, retail
stores, theaters and waiting rooms. A private residence is not a "public
place" unless it is used as a child care, adult day care, respite
care or health care facility.
An eating establishment, including, but not limited to coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which provides food to the public, guests or employees, as well as
kitchens and catering facilities in which food is prepared on the
premises for serving elsewhere. The term "restaurant" shall include
a bar and lounge area within the restaurant.
Any indoor or outdoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe or other tobacco product.
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition
or witness sporting events.
B.
Prohibition Of Smoking In Enclosed Places Of Employment And Other
Public Places.
1.
It shall be unlawful for any person to possess lighted or heated
smoking materials in any form, including, but not limited to, the
possession of lighted or heated cigarettes, cigars, pipes or other
tobacco products, within an enclosed place of employment.
2.
It shall be unlawful for any person to possess lighted or heated
smoking materials in any form, including, but not limited to, the
possession of lighted or heated cigarettes, cigars, pipes or other
tobacco products within an enclosed public place or within any other
places hereinafter specified:
a.
In any public building or vehicle owned or operated by the City.
b.
Elevators in public buildings.
c.
Restrooms in public buildings.
d.
Libraries, educational facilities, child care and adult day care
facilities, respite care facilities, museums, auditoriums, aquariums
and art galleries.
e.
Any health care facility, health clinic or ambulatory care facilities,
including, but not limited to: laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices.
f.
Any indoor place of entertainment or recreation including, but not
limited to, gymnasiums, theaters, concert halls, bingo halls, arenas
and swimming pools.
g.
Service lines.
h.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance.
i.
Shopping malls or retail establishments.
j.
Indoor and outdoor sports arenas.
k.
Restaurants, including lounge and bar areas except outdoor dining
areas which are not "enclosed areas" as defined in this Section.
l.
Convention facilities.
m.
All indoor public areas and waiting rooms of public transportation
facilities, including, but not limited to, bus and mass transportation
facilities.
n.
Any other area used by the public or serving as a place of work.
o.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including, but not limited to, joint committees, or agencies
of the City or County or any political subdivision of the State during
such time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the City.
p.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence.
q.
Sidewalks, driveways and other open areas within fifteen (15) feet
of the entry to any building owned or occupied by any governmental
entity, or within fifteen (15) feet of the entry to any building open
to the public; provided however, that this entryway prohibition shall
not apply within outside dining areas where smoking is permitted or
to entries that are located less than fifty (50) feet from another
public entry.
3.
It shall be unlawful to dispose of smoking waste, or to place or
maintain a receptacle for smoking waste, in an area in which smoking
is prohibited under this Chapter.
C.
Responsibilities Of Proprietors, Owners And Managers.
1.
It shall be unlawful for any person having control of a place listed
in this Section to knowingly permit, cause, suffer or allow any person
to violate the provisions of this Section. It shall be an affirmative
defense to an alleged violation of this Subsection that the person
having control of a place has asked that the lighted or heated cigarette,
cigar, pipe or other tobacco product be extinguished and asked the
person to leave the establishment if that person has failed or refused
to extinguish the lighted or heated cigarette, cigar, pipe or other
tobacco product.
2.
A person having control of a place shall clearly and conspicuously
post "No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) near all entrances where smoking
is prohibited pursuant to this Chapter. Such signage shall consist
of letters not less than one (1) inch in height.
3.
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
4.
All employers shall supply a written copy of the smoking policy upon
request to any existing or prospective employee.
D.
Declaration Of Establishment As Non-Smoking. Notwithstanding
any other provision of this Section, an owner, operator, manager,
other person in control of an establishment, facility, or outdoor
area may declare that the entire establishment, facility or outdoor
area as a non-smoking place. No person shall smoke in places so declared
and posted with signs pursuant to this Section.
E.
Exceptions. Notwithstanding any other provision of this
Section to the contrary, the following shall not be subject to the
smoking restrictions of this Section:
1.
Private residences, not serving as enclosed places of employment
or enclosed public places;
2.
Private clubs;
3.
Performers on stage in a theatrical production, where smoking is
required as a part of the production;
4.
Private and semi-private rooms in nursing homes and long-term care
facilities, the residents of which are all smokers and have all requested
the management of the facility to be placed in a room where smoking
is permitted;
5.
Retail establishments in which food is not prepared on the premises
and where more than sixty percent (60%) of the volume of trade or
business carried on is the sale of tobacco and tobacco- related products;
6.
Permanently designated smoking rooms, not to exceed twenty percent
(20%) of the guest rooms;
7.
Cigar bars, provided the entity is in operation on or before the
effective date of this Section, and provided further, that smoke does
not infiltrate into areas where smoking is otherwise prohibited;
8.
Drinking establishments which are in operation on or before the effective
date of this Section; provided however, that no smoke infiltrates
into areas where smoking is otherwise prohibited, and further provided
that each such drinking establishment has posted in a place visible
to the public from its exterior a certificate of exemption issued
by the St Louis County Department of Revenue pursuant to the County
Indoor Clean Air Code. A copy of such exemption shall also be provided
to the City Clerk.
F.
Section Not To Preclude More Extensive Prohibitions By Proprietors,
Owners Or Managers. Nothing in this Section shall be construed
or applied in such a manner as to interfere with or prohibit a property
owner, business operator or public entity, including the City, from
more broadly prohibiting smoking on or about their property or from
prohibiting smoking in areas, at times, or under conditions which
do not fall within the prohibitions established by this Section or
the County Indoor Clean Air Act.
G.
Notice To License Applicants. Notice of the provisions of
this Section shall be given to all applicants for licenses issued
by the City pertaining to the use of property for business or commercial
purposes to which the public will be invited or permitted.
H.
Certificates Of Exception To Qualified Drinking Establishments. The owner or operator of a drinking establishment which seeks a
smoking exemption shall first obtain and file with the City Clerk
a copy of a current certificate issued by the Director of Revenue
attesting that the establishment satisfies the criteria for such exemption.
No exemption shall be granted to any establishment not having and
maintaining a valid exemption certificate from St. Louis County.
I.
Enforcement. The Police Department and its authorized representatives
shall enforce this Section. Nothing herein shall be construed to limit
the authority of the Fire Marshal neither to designate additional
locations in which smoking shall be prohibited nor to repeal any order
of the Fire Marshal prohibiting smoking in any location.
