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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 Page 1 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. Bill 2016-120 Page 2 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. Bill 2016-120 Page 3