[CC 1990 § 17-115; Ord. No. 1586 § 1, 1-3-2000]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
An item manufactured of tobacco or any substitute therefor,
wrapped in paper or any substitute therefor, weighing not to exceed
three (3) pounds per one thousand (1,000) cigarettes and which is
commonly classified, labeled or advertised as a cigarette.
A container of any type composition in which is normally
contained twenty (20) individual cigarettes, except as in special
instances when the number may be more or less than twenty (20).
Any person who sells to a consumer or to any person for any
purpose other than resale.
Includes sales, barters, exchanges and every other manner,
method and form of transferring the ownership of personal property
from one (1) person to another. "Sale" also means the possession of
cigarettes or tobacco products by any person other than a manufacturer,
wholesaler or retailer and shall be prima facie evidence of possession
for consumption.
Any person, firm or corporation organized and existing, or
doing business, primarily to sell cigarettes or tobacco products to,
and render service to, retailers in the territory the person, firm
or corporation chooses to serve; that purchases cigarettes or tobacco
products directly from the manufacturer; that carries at all times
at his/her or its principal place of business a representative stock
of cigarettes or tobacco products for sale; and that comes into the
possession of cigarettes or tobacco products for the purpose of selling
them to retailers or to persons outside or within the State who might
resell or retail the cigarettes or tobacco products to consumers.
This shall include any manufacturer, jobber, broker, agent or other
person, whether or not enumerated in this Article, who so sells or
so distributes cigarettes or tobacco products.
[CC 1990 § 17-116; Ord. No. 1586 § 2, 1-3-2000]
A.
Every wholesale dealer, retail dealer, manufacturer or other person
engaged in selling cigarettes or offering, delivering or displaying
cigarettes for sale within the City shall procure an annual permit
for such selling and distribution of cigarettes and, at the time such
permit is issued, shall pay to the Director of Finance a fee of one
hundred fifty dollars ($150.00). A store or other business that employs
others to sell products to the public shall only need to obtain one
(1) permit to cover all employees.
B.
It shall be unlawful for any person to engage in the sale of cigarettes,
or offer, deliver or display cigarettes for sale or offer cigarettes
for promotional purposes or otherwise dispose of the same within the
City without first procuring the annual permit as required by this
Section.
C.
Cigarettes in the possession of a person who does not have a permit
as required by this Section and who is engaged in any of the activities
described in this Section shall be presumed to be contraband and the
possession thereof shall be in violation of this Article. Cigarettes
which are contraband shall be subject to seizure by the Director of
Finance, the Director's authorized agent or a Police Officer.
D.
Whenever any cigarettes are seized pursuant to this Section, the
Director of Finance shall provide a due process hearing within seven
(7) days from the date of the seizure to the person from whom the
cigarettes were seized to determine if a permit was required. In the
event the Director of Finance determines that the person who had possession
of the cigarettes was required to have a permit and did not possess
the same, then the Director may declare the cigarettes contraband
thereby forfeiting the cigarettes. The Director shall sell the forfeited
cigarettes within forty (40) days and the sum received therefrom placed
in the General Fund of the City of Chesterfield. In addition to the
forfeiture of the contracted cigarettes, the Director may suspend
or revoke the permit of any dealer to sell cigarettes within the City.
Notice of the hearing and procedures at the hearing to forfeit the
cigarettes shall be given to the apparent owner or person in control
at least fourteen (14) days prior to the forfeiture hearing.
1.
The City Administrator shall within seven (7) days after such
hearing, if it is determined after such hearing that the license should
be revoked or suspended, state the reason for such determination in
a written order, the period of suspension or that the license has
been revoked and serve a copy of such order within the seven (7) days
upon the licensee.
2.
Any licensee determined by the City Administrator to have violated
any of the provisions of the Article shall pay to the City the costs
of the hearing before the City Administrator on such violation. The
City Administrator shall determine the costs incurred by the City
for said hearing, including, but not limited to, court reporter's
fees, the costs of transcripts or records, attorneys' fees, the cost
of preparing and mailing notices and orders and all other miscellaneous
expenses incurred by the City or such lesser sum as the City Administrator
may allow.
3.
The licensee shall pay said costs to the City within thirty
(30) days of notification of the costs by the City Administrator.
Failure to pay said costs within thirty (30) days of notification
is a violation of this Article and may be cause for the license suspension
or revocation.
4.
Any person aggrieved by the decision of the City Administrator
may appeal the decision under Chapter 536, RSMo.
[CC 1990 § 17-117; Ord. No. 1586 § 3, 1-3-2000; Ord. No. 3221, 1-17-2023]
Every person desiring to engage in the sale of cigarettes activities described in Section 605.1030 within the City, including retail dealers and wholesale dealers, shall file an application for a cigarette permit as provided in Section 605.1030. Every application for a cigarette permit shall be made upon a form prescribed, prepared and furnished by the Director of Finance and shall set forth such information as the Director shall require. Upon approval of the application, the Director of Finance shall grant and issue to the applicant a cigarette permit for each place of business within the City set forth in the application. Cigarette permits shall not be assignable and shall be valid only for the persons in whose names they are issued and for the transaction of business in the places designated therein. Said permits shall at all times be conspicuously displayed at the places for which issued. No applicant shall be granted, or if already granted, renewed, a license if the premises to be licensed is in violation of Chapter 215 or Chapter 405 of the City of Chesterfield Municipal Code.
[CC 1990 § 17-118; Ord. No. 1586 § 4, 1-3-2000]
A.
All permits shall expire on June 30 of the current calendar year,
unless sooner suspended, surrendered or revoked by the Director of
Finance.
B.
Whenever any permit issued under the provisions of this Article is
defaced, destroyed or lost, the Director of Finance shall issue a
duplicate permit for the defaced, destroyed or lost permit.
[CC 1990 § 17-119; Ord. No. 1586 § 5, 1-3-2000]
The City Administrator may suspend or, after hearing, revoke a cigarette permit whenever he/she finds that the holder thereof has failed to comply with any of the provisions of this Article or any rules or regulations prescribed or promulgated under this Article after a hearing as set out in Section 605.1030. Upon suspending or revoking any cigarette permit, the City Administrator shall request the holder thereof to surrender to the Director of Finance immediately all permits or duplicates thereof and the holder shall surrender promptly all such permits as requested.
[CC 1990 § 17-120; Ord. No. 1586 § 6, 1-3-2000]
Every wholesaler shall pay an occupational license tax as provided
by City Ordinance.
[CC 1990 § 17-121; Ord. No. 1586 § 7, 1-3-2000]
It shall be unlawful for a retail dealer or any other person who engages in the activities described in Section 605.1030 to buy or obtain their cigarettes from any person other than a person who is licensed as a wholesale or retail dealer.
[CC 1990 § 17-122; Ord. No. 1586 § 8, 1-3-2000]
Information To Be Posted On Front Of Each Machine. Vendors of
cigarettes by machine shall at all times maintain upon any such machine,
when the same is being used for the sale and distribution of cigarettes
within the City, a legend, by stenciling, engraving or other legible
device, bearing the name, address and telephone number of the vendor
and such legend shall be located on the front of the machine in a
place readily visible to a user of the machine.
[CC 1990 § 17-123; Ord. No. 1586 § 9, 1-3-2000]
In addition to the powers granted to the Director of Finance
by this Article, the Director is hereby authorized and empowered to
delegate the Director's powers to a deputy or other employee of this
office or, with the consent of the City Administrator, to delegate
his/her powers to the Chief of Police.
