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Legislation #: 150923 Introduction Date: 10/29/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS TAYLOR, WAGNER, REED, JAMES, JR., FOWLER, HALL, MCMANUS AND CANADY
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-235 in its entirety and enacting in lieu thereof a new section of like number and subject matter entitled “Sale or distribution of tobacco products, rolling papers, alternative nicotine products or vapor products to persons under the age of twenty-one; possession by persons under the age of eighteen,” for the purpose of raising the age of sale for tobacco products, rolling papers, alternative nicotine products and vapor products to twenty-one years of age.

Legislation History
DateMinutesDescription
10/29/2015 Filed by the Clerk's office
10/29/2015 Referred to Neighborhoods and Public Safety Committee
11/18/2015 Advance and Do Pass as a Committee Substitute, Debate
11/19/2015 Passed as Substituted

View Attachments
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150923.pdf Authenticated 392K 150923
150923 cs to org ord-com.pdf Compared Version 235K 150923 Compared Version
150923 fact sheet.pdf Fact Sheet 204K 150923 Fact Sheet
fact sheet.docx Fact Sheet 29K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150923

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-235 in its entirety and enacting in lieu thereof a new section of like number and subject matter entitled “Sale or distribution of tobacco products, rolling papers, alternative nicotine products or vapor products to persons under the age of twenty-one; possession by persons under the age of eighteen,” for the purpose of raising the age of sale for tobacco products, rolling papers, alternative nicotine products and vapor products to twenty-one years of age.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 50, Code of Ordinances, is hereby amended by repealing Section 50-235 in its entirety and enacting in lieu thereof a new section of like number and subject matter entitled “Sale or distribution of tobacco products, rolling papers, alternative nicotine products or vapor products to those under the age of twenty-one; possession by persons under the age of eighteen,” for the purpose of raising the age of sale for tobacco products, rolling papers, alternative nicotine products and vapor products to twenty-one years of section to read as follows:

 

Sec. 50-235. Sale or distribution of tobacco products, rolling papers, alternative

nicotine products or vapor products to those under the age of twenty-

one; possession by those under the age of eighteen.

 

(a) Definitions. As used in this section the following terms mean:

 

(1)               Alternative nicotine product means 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.

 

(2) Blunt wrap means an individual tobacco wrapper, by whatever name known, that is designed to be sold to the public and is made wholly or in part from tobacco, including reconstituted tobacco, whether in the form of a tobacco leaf, sheet, or tube.

 

(3) Distribute means a conveyance to the public by sale, barter, gift or sample.

 

(4) Person means an individual, partnership, co-partnership, 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.

 

(5) Proof of age means 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.

 

(6) Rolling papers means 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.

 

(7) Sample means a product distributed to members of the general public at no cost for product promotional purposes.

 

(8) Tobacco products means any substance containing tobacco leaf, including, but not limited to, blunt wraps, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

 

(9) Under direct supervision means in the plain vision of an employee or owner of a retail business during regular business hours.

 

(10) Vapor Product means any non-combustible product 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 a solution or other form that may or may not contain nicotine. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or 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.

 

(11) Vending machine means any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses products.

 

(b) Required sign stating violation of law to sell tobacco to persons under age 21; display of sign required on tobacco displays and vending machines; control of tobacco products.

 

(1) The owner of an establishment at which tobacco products 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:

 

a.                   Contain in red lettering at least one-half-inch high on a white background the following: "It is a violation of law for cigarettes, other tobacco products, alternative nicotine products or vapor products to be sold to any person under the age of 21 or for such person to purchase or attempt to purchase cigarettes, other tobacco products, alternative nicotine products or vapor products.”; and

 

b.                  Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 21."

 

(2)               Further, all such vending machines shall be under direct supervision of the owner of the establishment or an employee of the owner unless such vending machine is located in a place where persons under the age of twenty-one are denied access.

 

(3)               It shall be unlawful for any business proprietor, manager or other person in charge or control of a retail business of any kind to stock or display any tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an employee, except that adult customers may be allowed to enter walk-in humidors for the purpose of selecting for purchase cigars displayed therein.

 

(c) Proof of age required, when: defense to action for violation is reasonable reliance on proof; liability.

 

(1) 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 twenty-one.

 

(2) Reasonable reliance on proof of age shall be a defense to any action for a violation of subsection (d)(1), (d)(2) or (d)(3).

 

(d) Unlawful to sell or distribute tobacco products, rolling papers, alternative nicotine products or vapor products to persons under age 21, failure to display required signs, penalties; what persons are liable; family members exempt; when.

 

(1) It shall be unlawful for any person to sell or distribute any tobacco products, rolling papers, alternative nicotine products or vapor products to any person under the age of twenty-one or allow such sale or distribution. This subsection shall not apply to the distribution by family members on property that is not open to the public.

 

(2) It shall be unlawful for any employee or owner of an establishment where any vending machine is located to permit or allow any person under the age of twenty-one to purchase or otherwise obtain any tobacco products, rolling papers, alternative nicotine products or vapor products from such vending machine.

 

(3) It shall be unlawful for any person to distribute tobacco products or rolling papers samples in or on any public street, sidewalk, school ground or park, or on private property open to the public without the property owner's permission.

 

(4) If a sale is made by an employee of the owner of an establishment in violation of subsection (d), the employee, the manager or other person in charge or control of the establishment at the time of the sale and owner of the establishment shall be guilty of the offense. If a vending machine is operated or located in violation of subsection (b), the manager or other person in charge or control of the establishment and the owner of the establishment shall be guilty of the offense. If a sample is distributed by an employee of a company conducting the distribution, such employee and the owner of the company shall be guilty of the offense.

 

(e) Possession or use of tobacco products, rolling papers, alternative nicotine products or vapor products by persons under age eighteen unlawful.

 

(1) It shall be unlawful for any person under the age of eighteen to knowingly possess or use any tobacco products, rolling papers, alternative nicotine products or vapor products, and any tobacco products, rolling papers, alternative nicotine product or vapor product knowingly possessed by person under the age of eighteen are hereby declared to be contraband and may be seized by a law enforcement officer and destroyed in order to protect the public health.

 

(2) It shall be unlawful for any person under the age of eighteen to knowingly obtain or attempt to obtain any tobacco products, rolling papers, alternative nicotine product or vapor product by misrepresentation of age or by any other method.

 

(3) It shall be prima facie evidence for purposes of this chapter that the substance within a package or container is a tobacco product, rolling papers, alternative nicotine product or vapor product if the product package or container has affixed to it a manufacturer's label which identifies it as such.

 

(f) Penalty: continuing violations.

 

(1) Any person who violates any provision of subsections (b) or (d) of this section shall, for each offense, be fined not less than $100.00 and not more than $1,000.00 or be punished by imprisonment not to exceed six months, or be punished by both fine and imprisonment. Each violation of, or failure, refusal or neglect to comply with, any provision of subsections (b) or (d) of this section shall constitute a separate and distinct offense.

 

(2) Any person under the age of eighteen who violates any provision of subsection (e) of this section shall, for each offense, be fined not more than $100.00.

 

___________________________________________

 

Approved as to form and legality:

 

 

___________________________

Joseph A. Guarino

Assistant City Attorney