HomeMy Public PortalAboutORD15646 BILL NO. 2016-120
SPONSORED BY Councilman Graham
ORDINANCE NO. I ,CP 44,
AN ORDINANCE AMENDING CHAPTER 18 (MISCELLANEOUS PROVISIONS AND
OFFENSES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, RELATING
TO THE SALE AND POSSESSION OF TOBACCO PRODUCTS, ALTERNATIVE
NICOTINE PRODUCTS, VAPOR PRODUCTS, AND TOBACCO PARAPHERNALIA.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 18 (Miscellaneous Provisions and Offenses) of the Code of
the City of Jefferson, Missouri, is hereby amended by amending Sections 18-227 and
18-228 thereof to read as follows:
Sec. 18-227.Sale of tobacco to minors.
A. It shall be unlawful for any person to sell tobacco products, alternative nicotine products, vapor
products,or tobacco product paraphernalia to a nperson under the age of 21.
B. Warning signs -.•-- _ . ... . . .:. shall be plainly visible at every display from
which tobacco products, alternative nicotine products, vapor products, or tobacco product
paraphernalia are sold. Such signs shall:
1. Contain in red lettering at least one-half inch high on a white background "IT IS A VIOLATION
OF THE LAW FOR TOBACCO PRODUCTS. ALTERNATIVE NICOTINE PRODUCTS,
VAPOR PRODUCTS,OR TOBACCO PRODUCT PARAPHERNALIA TO BE SOLD TOS
POSSESSED BY,ANY PERSON UNDER THE AGE OF-1-821",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)(1) 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, cigarettes,cigars,cigarettes, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, but
does not include and smokeless tobacco as well as alternative nicotine products or vapor
products. "_ : - - ... :" ---.• .• ... . ...- •. . - .' .. : . .. _ .
2a. -: :- .: _ : • :_ ':•, "aAlternative 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.
32. "Tobacco product paraphernalia" shall mean any instrument, utensil or device used for
smoking or inhaling tobacco or similar plant products including, but not limited to, rolling
papers; metal, wooden, acrylic, glass,stone, plastic or ceramic pipes; water pipes; hookahs;
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2016-120
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carburetion tubes and devices; and bongs.include, but not be limited to, cigarette wrapping
4. "Vapor product"shall mean any noncombustible product containing nicotine 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 nicotine in a
solution or other form. Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo,electronic pipe, or similar product or device and any vapor cartridge or
other 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.
5. 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_
alternative nicotine products,or vapor products.
E. _ ... . . -
After January 1, 1993,aAll vending machines that are in areas open to persons under the age of 21miners
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:
1. A fine of$100 for the first violation within a two-year period.
2. A fine of$250 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.
G. The penalties in this section or section 18-228 do not apply to a person younger than 21 years old who
purchases or attempts to purchase tobacco products while under the direct supervision of City of
Jefferson staff for training, education, research, or enforcement purposes. Nothing in this section or
section 18-228 prohibits an underage person from handling tobacco products in the course of lawful
employment. It shall be an affirmative defense to a violation of this section for a person to have
reasonably relied on a driver's license or other government issued means of identification that
contains a picture of the individual and appears on its face to be valid as proof of age.
Sec. 18-228.Purchase or possession of tobacco by minors.
A. It shall be unlawful for a minor under the age of 18 to purchase or attempt to purchase tobacco products,
alternative nicotine products, or vapor products, or to have tobacco products, alternative nicotine
products,or vapor products,(as defined in section 18-227)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.
Editor's note: Deleted language shown thus.Added language shown thus.
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Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
R
Passed: J / 71 ,7-9i7 Approved: ( K1apt -1
aartivz. (v1,14„,
cjam,ce: Tot,,
Presiding Officer Mayor Carrie Tergin
ATTEST:.. ' __ APPROVED AS TO FOrr
C., •
City-Cler - - City Co or
Editor's note:Deleted language shown thus.Added language shown thus.
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