Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 407.927, 407.929 and 407.931, RSMo 1994, relating to sale of tobacco products to minors, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.
Section A. Sections 407.927, 407.929 and 407.931, RSMo 1994, are repealed and seven new sections enacted in lieu thereof, to be known as sections 407.926, 407.927, 407.928, 407.929, 407.931, 407.933 and 407.934, to read as follows:
407.926. Any person who sells tobacco products may deny the sale of such tobacco products to any person who the seller believes is less than eighteen years of age.
407.927. 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 law for cigarettes or other tobacco products to be sold or otherwise provided to any person under the age of eighteen or for such person to purchase, attempt to purchase or possess cigarettes or other tobacco products"; 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".
407.928. Beginning January 1, 2001, individual packages containing tobacco products shall not be accessible to any person less than eighteen years of age. Prior to January 1, 2001, no person shall sell such individual packages containing tobacco products unless such packages satisfy one of the following conditions prior to the time of sale:
(1) It is sold through a vending machine; or
(2) It is displayed behind the check-out counter in a secure location not accessible to customers and is within the unobstructed line of sight of the sales clerk or store attendant.
407.929. 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. The operator's or chauffeur's license issued pursuant to the provisions of section 302.177, RSMo, or the operator's or chauffeur's license issued pursuant to the laws of the states of Arkansas, Illinois, Oklahoma, Kansas or Iowa to residents of those states, or an identification card as provided for in section 302.181, RSMo, or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the division of liquor control or any registrant pursuant to section 407.934, or any agent or employee of such registrant, for the purpose of aiding the registrant, agent or employee to determine whether or not the person is at least eighteen years of age when such person desires to purchase or possess tobacco products procured from a registrant. Upon such presentation, the registrant, or registrant's agent or employee shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
3. Any person who shall, without authorization from the department of revenue, reproduce, alter, modify or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars, and confinement for not more than one year, or by both such fine and imprisonment.
4. 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 subsections 2 and 3 of section 407.931. No person shall be liable for more than one violation of subsections 2 and 3 of section 407.931 on any single day.
407.931. 1. It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen years of age.
2. All vending machines that dispense tobacco products shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons less than eighteen years of age from purchasing any tobacco product from such machine. By January 1, 2001, all vending machines designed to dispense tobacco products shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking device shall be of a design that prevents it from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required on machines that are located in areas where persons less than eighteen years of age are not permitted or prohibited by law. The registration required in section 407.934 for any owner who is subject to and in violation of the provisions of this subsection or subdivision (1) of section 407.927 shall be suspended until the division of liquor control determines that such machine is brought into compliance. A determination of noncompliance may be made by a local law enforcement agency, the highway patrol, the division of liquor control or the department of mental health.
3. No person shall sell, provide or distribute any tobacco product or [distribute any tobacco product or] rolling papers to any minor, or any individual cigarettes to any person in this state. This subsection shall not apply to the distribution by family members on property that is not open to the public.
[3.] 4. Any person, including, but not limited to, a sales clerk, owner or operator who violates subsection 1 [or], 2 or 3 of this section or section 407.927 shall be [fined] penalized as follows:
(1) For the first offense, twenty-five dollars;
(2) For the second offense, one hundred dollars;
(3) For a third and subsequent offense, two hundred fifty dollars. For a fourth and subsequent offense, in addition to a fine of two hundred fifty dollars, a five-day suspension of the establishment's license to sell tobacco products may be imposed.
The establishment shall also be fined in an amount equivalent to the fines listed in subdivisions (1), (2) and (3) of this subsection. The division of liquor control in the department of public safety shall enforce the provisions of this subsection and subsection 5 of this section.
5. Any owner, operator or corporate entity who is considered the general owner or operator of the outlet where tobacco products are available for sale who violates subsection 3 of this section, in addition to the fines established in subsection 4 of this section, shall be penalized in the following manner:
(1) For the first offense, a reprimand shall be issued by the division of liquor control;
(2) For the second offense, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a twenty-four hour period;
(3) For the third offense, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a forty-eight hour period;
(4) For the fourth and any subsequent offenses, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a seventy-two hour period.
6. Any person who is considered the general owner or operator of the outlet where tobacco products are available for sale who violates subsection 3 of this section shall not be penalized pursuant to this section if such person documents the following:
(1) An employee training program was in place to provide the employee with information on the state and federal regulations regarding tobacco sales to minors. Such training program must be attended by all employees who sell tobacco products to the general public;
(2) A signed statement by the employee stating that the employee has attended training and understands the state laws and federal regulations regarding the sale of tobacco to minors;
(3) Such training meets the minimum training criteria established by the department of mental health.
7. The exemption in subsection 6 of this section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products are available for sale if:
(1) Four or more violations of subsection 3 of this section occur within a one-year period; or
(2) Such person knowingly violates or knowingly allows his or her employees to violate subsection 3 of this section.
[4.] 8. If a sale is made by an employee of the owner of an establishment in violation of sections 407.925 to 407.932, both the employee and the owner shall be guilty of an offense established in subsections 1, 2 and 3 of this section. If a vending machine is in violation of section 407.927, the owner of the establishment shall be guilty of an offense established in subsections 1, 2 and 3 of this section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in subsections 1, 2 and 3 of this section.
407.933. 1. No person less than eighteen years of age shall purchase, attempt to purchase or possess cigarettes or other tobacco products unless such person is an employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment.
2. Any person less than eighteen years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.
3. Any person who violates the provisions of this section is guilty of an infraction and shall have any cigarettes or tobacco products in such person's possession confiscated. For a second or subsequent violation of this section or for a failure to pay any fines or penalties assessed as a result of a violation of this section, the court may order such person to complete a term of community service under the supervision of the court or an organization selected by the court.
407.934. 1. No person shall sell cigarettes or tobacco products unless the person has a retail sales tax license and is registered to sell tobacco products in the state of Missouri. Any establishment located in a city or county that may suspend or revoke a license or registration for the sale of tobacco to minors or impose a fine for sales to minors shall not be assessed a penalty for the same offense by both the state and the city or county. In such case, the state law shall take precedence.
2. Beginning January 1, 2001, the department of revenue shall include a place on all sales tax returns filed pursuant to section 144.100, RSMo, for the filer to designate himself or herself as a seller of tobacco products and to provide a list of all locations where the filer sells such products.
3. An annual registration fee not to exceed twenty-five dollars shall be imposed by the director of the department of revenue to cover the administrative costs associated with the registration process.
4. On or before July first of each year, the department of revenue shall make available to the division of liquor control and the department of mental health a complete list of every establishment registered to sell cigarettes and other tobacco products in this state.
5. The department of mental health shall have the authority to inspect stores and tobacco outlets for compliance with all laws related to access of tobacco products to minors and to refer all violations to the division of liquor control for processing.
6. Any establishment that knowingly sells cigarettes or tobacco products to minors without being registered with
the department of revenue pursuant to this section is guilty of a class A misdemeanor.
Missouri House of Representatives