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HomeMy Public PortalAboutORD15445 BILL NO. 2015-54 SPONSORED BY COUNCILMAN Branch ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PROHIBITING THE POSSESSION, PURCHASE, OR ATTEMPTED PURCHASE OF TOBACCO PRODUCTS INCLUDING ALTERNATIVE NICOTINE PRODUCTS BY A MINOR. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 18 (Miscellaneous Provisions and Offenses) Sec. 18-227 (Sale of tobacco to minors) of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 18-227. Sale of tobacco to minors. A. It shall be unlawful for any person to sell tobacco products or tobacco product paraphernalia to a minor. B. Warning signs concerning sales of tobacco products to minors shall be plainly visible at every display from which tobacco products are sold. Such signs shall: I. Contain in red lettering at least one-half inch high on a white background "IT IS A VIOLATION OF THE LAW FOR TOBACCO PRODUCTS OR TOBACCO PRODUCT PARAPHERNALIA TO BE SOLD TO. OR POSSESSED BY, ANY PERSON UNDER THE AGE OF 18".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. C. The signs referred to in subparagraphs(B)(I)and(B)(2)shall be provided without cost by the City of Jefferson. D. For the purposes of this section, the following terms shall have the meanings designated: 1. Tobacco products shall mean any substance containing tobacco leaf. including, but not limited to, cigars, cigarettes, pipe tobacco and smokeless tobacco as well as alternative nicotine products. "Smokeless tobacco"means any tobacco products that are suitable for dipping or chewing, such as snuff chewing tobacco or dipping tobacco. a. For purpose of this definition, "alternative nicotine products" shall mean, 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; Editor's note:Added language shown thus. Deleted language shown thus. 2. Tobacco product paraphernalia shall include, but not be limited to. cigarette wrapping papers and pipes made for smoking tobacco products. 3. Minor shall mean any person under the age of 18 years. 4. Vending machine shall mean any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment. dispenses tobacco products. E. The provisions of this section shall not apply to the sale of tobacco products through a vending machine until January 1, 1993. if the vending machine contains thereon the warning signs referred to in paragraph (B) and the owner of the vending machine or person leasing the machine does not knowingly permit the sale of tobacco products to minors. After January 1. 1993. all vending machines that are in areas open to minors must be supervised or controlled by the owner or lessor of the machine. The method of control may be visual, use of tokens, or a lockout. F. Any person found guilty of violating the provisions of this section shall be subject to a penalty for each violation as follows: I. A fine of S100 for the first violation within a two-year period. 2. A fine ofS250 for the second violation within a two-year period. 3. A fine of$500 for the third and any subsequent violation within a two-year period. (Ord. No. 11533, § 1, 1-23-91) Section 2. Chapter 18 (Miscellaneous Provisions and Offenses) Sec. 18-228 (Purchase or possession of tobacco by minors) of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 18-228. Purchase or possession of tobacco by minors A. It shall be unlawful for a minor to purchase or attempt to purchase cigarettes tobacco products. or to have cigarette,tobacco products(as defined in section 18-2271 in his or her or her possession. B. Any person found guilty of violating the provisions of this section shall be subject to a penalty for each violation as follows: The minor will be required to perform not less than 5 hours of community service and not more than 100 hours of community service. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. p Passed: gay' 6 ,l� Approved: ��(1�,�,�C(.P./1 T 9/55 /-14aahuu Preidi iceMa or Carrie Ter in Y 9 ATTEST: 1 APPROVED AS TO FORM: zeAdaz 74. 'City Clerk - City Counselor Editor's note:Added language shown thus. Deleted language shown thus.