KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 961122 Introduction Date: 8/22/1996
Type: Ordinance Effective Date: 12/1/1996
Sponsor: COUNCILMEMBER FINLEY
Title: Amending Chapter 50, Offenses and Miscellaneous Provisions, Code of Ordinances of the City of Kansas City, Missouri, by repealing Section 50-235, Sale or dispensing of tobacco products to minors, and enacting in lieu thereof a new section of like number and subject matter.

Legislation History
DateMinutesDescription
8/22/1996

Referred City Operations Committee

8/28/1996

Hold On Agenda

9/5/1996

Hold On Agenda

9/11/1996

Hold On Agenda

9/23/1996

Hold On Agenda

10/16/1996

Hold On Agenda

10/30/1996

Advance and Do Pass as a Committee Substitute

10/31/1996

Assigned to Third Read Calendar

11/7/1996

Held on Docket

11/21/1996

Passed as Substituted and Amended

11/21/1996

Amended


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

 

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 961122

 

Amending Chapter 50, Offenses and Miscellaneous Provisions, Code of Ordinances of the City of Kansas City, Missouri, by repealing Section 50-235, Sale or dispensing of tobacco products to minors, and enacting in lieu thereof a new section of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Offenses and Miscellaneous Provisions, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-235, Sale or dispensing of tobacco products to minors, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 50-235. Sale or dispensing of tobacco products to minor; possession by minors.

 

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

 

(1) Center of youth activities means any playground, school or other facility, when such facility is being used primarily by persons under the age of 18 for recreational,

educational or other purposes.

 

(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

right 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) Public place means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center,

park, playground, and any other property owned by the City and any school district.

 

(7) Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental.

 

(8) 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.

 

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

 

(10) Sampling means the distribution to members of the general public of tobacco product samples.

 

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

tobacco.

 

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

tobacco products.

 

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

(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. The owner of an establishment at which tobacco products 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 are sold and on every vending machine where tobacco products are purchased a sign that shall:

 

(1) 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 eighteen"; and

 

(2) 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".

 

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

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 a tobacco product in any way which allows a customer to access such tobacco product without first securing the physical assistance of an adult business employee or minor employee under direct supervision of an adult employee or owner for each transaction on and after June 1, 1997, 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 eighteen.

 

(2) 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 subsection (d)(2), (d)(3)

or (d)(4). No person shall be liable for more than one violation of subsection (d)(2),

(d)(3) or (d)(4) on any single day.

 

(d) Unlawful to sell or distribute tobacco products 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 engage in tobacco product distribution to persons under 18 years of age.

 

(2) It shall be unlawful for any person to sell any tobacco product or distribute any tobacco product 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.

 

(3) 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 product from such vending machine.

 

(4) It shall be unlawful for any person to distribute tobacco product samples in any public place or at any event open to the public except in retail tobacco stores.

 

(5) Any person who violates subsection (1), (2), (3) or (4) of this section shall be fined:

 

a. For the first offense, $100.00

 

b. For the second offense, $200.00

 

c. For the third and subsequent offense, $500.00.

 

(6) If a sale is made by an employee of the owner of an establishment or control 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 sampling such

employee and owner of the company shall be guilty of the offense.

 

(e) Possession or use of tobacco products by minors unlawful.

 

(1) It shall be unlawful for any minor to knowingly possess or use any tobacco product, and any tobacco product knowingly possessed by a minor is 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 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 if the product package or container has

affixed to it a manufacturers label which identifies it as a tobacco product.

 

_______________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Assistant City Attorney