ORDINANCE NO. 120818

Amending Chapter 50, Code of Ordinances, by adding a new Section 50-205 prohibiting customer access to blunt wraps prior to their sale.

WHEREAS, the Council finds that blunt wraps are primarily used for the consumption of illegal drugs; and

WHEREAS, the Council finds that access to blunt wraps by minors contributes to their use of illegal drugs, including marijuana and synthetic drugs; and

WHEREAS, the Council desires to restrict access by minors to blunt wraps by prohibiting self-service sales of blunt wraps; and

WHEREAS, the Council of the City of Kansas City has determined that it is in the public interest, safety and welfare of the City of Kansas City to amend Chapter 50, Code of Ordinances, to prohibit customer access to blunt wraps prior to their sale to reduce the use by minors of illegal drugs; NOW, THEREFORE,

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 adding a new Section 50-205 prohibiting customer access to blunt wraps prior to their sale, to read as follows:

Sec. 50-205. Customer access to blunt wraps prior to their sale.

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

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.

Customer access means stocking or displaying a blunt wrap in any way which allows a customer to access such blunt wrap without first securing the physical assistance of the blunt wrap seller, or seller’s employee, or selling or offering to sell a blunt wrap in any manner other than under the direct supervision of the blunt wrap seller, or seller’s employee.

(b)   No business proprietor, manager or other person in charge or control of a retail business of any kind shall allow customer access to a blunt wrap prior to its sale. Any person who violates this section shall 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 day's violation of, or failure, refusal or neglect to comply with, this section shall constitute a separate and distinct offense.

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Approved as to form and legality:

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Alan L. Holtkamp

Assistant City Attorney