[Ord. No. 20-2300, 9-8-2020]
For purposes of this Article, the following definitions shall
apply:
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 electronic smoking device, 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, 21 U.S.C. § 351
et seq.
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 members of the general public by sale, barter,
gift or sample.
Any device that can be used to deliver aerosolized or vaporized
nicotine or other substance to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape
pen or e-hookah. Electronic smoking device includes any component,
part or accessory of such a device, whether sold separately, and includes
any substance intended to be aerosolized or vaporized during the use
of the device. Electronic smoking device does not include drugs, devices,
or combination products authorized for sale by the U.S. Food and Drug
Administration, as those terms are defined in the Federal Food, Drug
and Cosmetic Act.
A person less than the age of twenty-one (21).
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.
Any person who obtains or attempts to obtain a tobacco product.
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 or electronic smoking device distributed
to members of the general public at no charge for purposes of promoting
the product.
The distribution of samples to members of the general public
in a public place.
Any product that is made from or derived from tobacco, and
is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by
any other means, including, but not limited to, a cigarette, a cigar,
pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking
device. The term includes any component or accessory used in the consumption
of a tobacco product, such as filters, rolling papers, pipes, or liquids
used in electronic smoking devices. Tobacco product does not include
drugs, devices, or combination products authorized for sale by the
U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 351 et
seq.
Any mechanical, electrical or electronic, self-service device
which, upon insertion of money, tokens or any other forms of payment,
dispenses tobacco products, alternative nicotine products, or electronic
smoking devices.
[Ord. No. 20-2300, 9-8-2020]
A.
It shall be unlawful for a minor to use or possess any tobacco products,
alternative nicotine products or paraphernalia, or electronic smoking
devices, in or on the property of any elementary, middle or secondary
school, or within three hundred (300) feet of any elementary, middle
or secondary school building. The prohibition herein shall apply equally
to public and private schools and schools operated by the Special
School District of St. Louis County.
B.
Any minor in violation of the provisions in this Section shall have
any tobacco products, alternative nicotine products or paraphernalia,
or electronic smoking devices confiscated. Confiscated tobacco products,
alternative nicotine products or paraphernalia, or electronic smoking
devices shall be held until a parent or legal guardian claims the
confiscated products or devices in person. Parents or legal guardians
shall be notified of confiscated products or devices and ability to
claim confiscated property. Any tobacco products, alternative nicotine
products or paraphernalia, or electronic smoking devices not claimed
within sixty (60) days shall be discarded.
C.
Educational resources, approved by the Manchester Police Department,
if available, shall be provided to the parent or legal guardians claiming
confiscated products or devices.
[Ord. No. 20-2300, 9-8-2020]
A.
Any person or entity who sells tobacco products, alternative nicotine
products, or electronic smoking devices shall deny the sale of such
tobacco products, alternative nicotine products or electronic smoking
devices to any person who is less than twenty-one (21) years of age.
B.
Any person or entity who sells or distributes tobacco products, alternative nicotine products, or electronic smoking devices by mail or through the internet in this State in violation of Subsection (A) of this Section 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.
C.
Alternative nicotine products and electronic smoking devices shall
only be sold to persons twenty-one (21) years of age or older, shall
be subject to local and State sales tax, but shall not be otherwise
taxed or regulated as tobacco products.
D.
Nicotine Liquid Containers — Regulations.
1.
Any nicotine liquid container that is sold at retail in this
State shall satisfy the child-resistant effectiveness standards set
forth in 16 CFR 1700.15(b) as in effect on the effective date of this
Section when tested in accordance with the method described in 16
CFR 1700.20 as in effect on the effective date of this Section.
2.
For the purposes of this Subsection, "nicotine liquid container"
shall mean a bottle or other container of liquid or other substance
containing nicotine if the liquid or substance is sold, marketed,
or intended for use in a vapor product. A nicotine liquid container
shall not include a liquid or other substance containing nicotine
in a cartridge that is sold, marketed, or intended for use in an electronic
smoking device, provided that such cartridge is prefilled and sealable
by the manufacturer and not intended to be opened by the consumer.
3.
Any person who engages in retail sales of liquid nicotine containers
in violation of this Subsection 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.
4.
The Department of Health and Senior Services may adopt rules
necessary to carry out the provisions of this Subsection. Any rule
or portion of a rule, as that term is defined in Section 536.010,
RSMo., that is created under the authority delegated in that Section
shall become effective only if it complies with and is subject to
all of the provisions of Chapter 536, RSMo., and, if applicable, Section
536.028, RSMo. This Section and Chapter 536, RSMo., are non-severable,
and if any of the powers vested with the General Assembly under Chapter
536, RSMo., to review, to delay the effective date, or to disapprove
and annul a rule are subsequently held unconstitutional, then the
grant of rulemaking authority and any rule proposed or adopted after
August 28, 2015, shall be invalid and void.
5.
The provisions of this Subsection and any rules adopted hereunder
shall be null, void, and of no force and effect upon the effective
date of the final regulations issued by the Federal Food and Drug
Administration or from any other Federal agency if such regulations
mandate child-resistant effectiveness standards for nicotine liquid
containers.
[Ord. No. 20-2300, 9-8-2020]
A.
It shall be unlawful for any person to sell, provide or distribute
tobacco products, alternative nicotine products or electronic smoking
devices to persons under twenty-one (21) years of age.
B.
All vending machines that dispense tobacco products, alternative nicotine products or vapor products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than twenty-one (21) years of age from purchasing any tobacco product, alternative nicotine product or electronic smoking device 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 twenty-one (21) years of age are not permitted or 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 (D) 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 electronic smoking device
or rolling papers to any person under age twenty-one (21) or sell
any individual cigarettes to any person. 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 or electronic smoking devices are available for sale, whose employee 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 municipal,
State and Federal regulations regarding sales of tobacco products,
alternative nicotine products or electronic smoking devices to persons
under age 21. Such training program must be attended by all employees
who sell tobacco products, alternative nicotine products or electronic
smoking devices to the general public;
2.
A signed statement by the employee stating that the employee
has been trained and understands the municipal ordinances, State laws
and Federal regulations regarding the sale of tobacco products, alternative
nicotine products or electronic smoking devices to persons under age
twenty-one (21); and
3.
Such in-house or other tobacco compliance training meets the
minimum training criteria, 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 or electronic smoking devices 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 in violation of Section 210.2140, 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 electronic smoking device to any individual less than twenty-one (21) 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 twenty-one (21) years of age or older, and it was reasonable for the employee to have relied upon said identification.
[Ord. No. 20-2300, 9-8-2020]
A.
No person less than twenty-one (21) years of age shall purchase,
attempt to purchase or possess cigarettes, tobacco products, alternative
nicotine products or electronic smoking devices 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 twenty-one (21) years of age shall not misrepresent
his/her age to purchase cigarettes, tobacco products, alternative
nicotine products or electronic smoking devices.
C.
Any person who violates the provisions of this Section shall be penalized
as follows:
[Ord. No. 20-2300, 9-8-2020]
No person shall sell cigarettes, tobacco products, alternative
nicotine products or electronic smoking devices unless the person
has a retail sales tax license.
[Ord. No. 20-2300, 9-8-2020]
A.
The owner of an establishment at which tobacco products, alternative
nicotine products, electronic smoking devices 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, electronic smoking devices
are sold and on every vending machine where tobacco products, alternative
nicotine products, and electronic smoking devices 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 MANCHESTER AND ST. LOUIS COUNTY ORDINANCE
FOR CIGARETTES, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS
OR ELECTRONIC SMOKING DEVICES TO BE SOLD OR OTHERWISE PROVIDED TO
ANY PERSON UNDER THE AGE TWENTY-ONE (21) OR FOR SUCH PERSON TO PURCHASE,
ATTEMPT TO PURCHASE OR POSSESS CIGARETTES, OTHER TOBACCO PRODUCTS,
ALTERNATIVE NICOTINE PRODUCTS OR ELECTRONIC SMOKING DEVICES; 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 21."
[Ord. No. 20-2300, 9-8-2020]
A.
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:
[Ord. No. 20-2300, 9-8-2020]
A.
A person or entity selling tobacco products, alternative nicotine
products or electronic smoking devices or rolling papers or distributing
tobacco product, alternative nicotine product or electronic smoking
device 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 less
than the age of twenty-one (21).
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 products, alternative
nicotine products or electronic smoking devices 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 possess tobacco products, alternative nicotine
products or electronic smoking devices procured from a registrant.
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, motor vehicle operator's license or identification card shall
be deemed guilty of an ordinance violation.
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 210.2110 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and (C) of Section 210.2110 on any single day.
