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Legislation #: 120884 Introduction Date: 10/11/2012
Type: Ordinance Effective Date: 10/28/2012
Sponsor: COUNCILMEMBERS SHARP, WAGNER AND TAYLOR
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-235 relating to the sale of tobacco products to minors and enacting in lieu thereof one new section of like number relating to the sale or distribution of tobacco products and rolling papers to minors.

Legislation History
DateMinutesDescription
10/9/2012 Filed by the Clerk's office
10/11/2012 Referred to Public Safety & Emergency Services Committee
10/17/2012 Advance and Do Pass, Debate
10/18/2012 Passed

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ORDINANCE NO. 120884

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-235 relating to the sale of tobacco products to minors and enacting in lieu thereof one new section of like number relating to the sale or distribution of tobacco products and rolling papers to minors.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-235 relating to the sale of tobacco products to minors and enacting in lieu thereof one new section of like number relating to the sale or distribution of tobacco products and rolling papers to minors, to read as follows:

 

Sec. 50-235. Sale or distribution of tobacco products or rolling papers to minors;

possession by minors.

 

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

 

(1) 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.

 

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

 

(3) Minor means a person under the age of 18.

 

(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) 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 state law to sell tobacco to minors under age 18; 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 state and city laws for cigarettes or other tobacco products to be sold to any person under the age of 18"; 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 18."

 

(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 18 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 18.

 

(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 or rolling papers to minors, 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 or rolling papers to any minor 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 minor to purchase or otherwise obtain any tobacco products or rolling papers 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 or rolling papers by minors unlawful.

 

(1) It shall be unlawful for any minor to knowingly possess or use any tobacco products or rolling papers, and any tobacco products or rolling papers knowingly possessed by a minor 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 minor to knowingly obtain or attempt to obtain any tobacco products or rolling papers 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 or rolling papers 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 minor 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:

 

_______________________________

Alan L. Holtkamp

Assistant City Attorney