HB 380 -- Sale of Tobacco Products

Co-Sponsors:  Hoppe, Hosmer

This bill makes changes to statutes concerning the sale of
tobacco products.  The bill:

(1)  Prohibits any refund to a cigarette retailer of sales tax
illegally or erroneously overcharged on the amount of any
cigarette excise tax included in the retail price of cigarettes
unless the overcharge is refunded to the person who paid the
tax.  If the illegal or erroneous overcharge on the amount of
any cigarette excise tax is not refunded to the person who paid
the tax, it will be retained by the Director of Revenue (Section
149.015, RSMo);

(2)  Bans the sale and distribution of "gray market
cigarettes."  Gray market cigarettes are cigarettes that are
packaged for sale outside the United States and may not contain
required health warnings.  The bill requires monthly reporting
to the Department of Revenue by persons licensed to affix the
state cigarette tax stamp to legally imported cigarettes.
Penalties are outlined for violations of the section (Section
149.071);

(3)  Gives the Division of Liquor Control authority to enforce
laws related to the control and sale of tobacco and requires the
division to submit an annual report on the effectiveness of
cigarette control laws to the General Assembly (Section 407.924);

(4)  Makes it illegal for a person under the age of 18 to
purchase, attempt to purchase, or possess tobacco products.
Persons under the age of 18 will have their tobacco products
confiscated.  For the first violation, the penalty is a class C
misdemeanor.  The penalty for a second or subsequent violation
may include community service (Section 407.933);

(5)  Requires vendors of tobacco products to be registered to
sell such products and gives the Department of Mental Health the
authority to inspect stores for compliance with laws relating to
the sale of tobacco products.  Violations are referred to the
Division of Liquor Control.  Knowingly selling tobacco products
to minors without registering is a class A misdemeanor (Section
407.934);

(6)  Requires vendors to deny the sale of tobacco products to
persons believed to be less than 18 and makes individual
packages of tobacco products inaccessible to all persons under
18, beginning January 1, 2002.  The bill also adds a penalty for
the Internet or mail sales of tobacco to anyone under the age of
18 (Sections 407.926 and 407.928);

(7)  Requires vendors to post a sign stating that it is a
violation of state law for tobacco products to be provided to
persons under 18, and it is a violation for persons under 18 to
possess or purchase tobacco products.  Currently, a sign is
required stating only that it is illegal to sell tobacco
products to persons under 18 (Section 407.927);

(8)  Bans the sale of individual packages of tobacco products
unless they are sold through vending machines, behind a counter,
or within the direct line of sight of the cashier.  The bill
requires that vending machines be equipped with a device that
disables them until unlocked by a sales person.  Vending
machines located in areas where patrons must be over the age of
18 are exempted from this requirement (Sections 407.928 and
407.931);

(9)  Requires purchasers of tobacco products to present
prescribed identification upon request to demonstrate age.  The
bill makes it a class A misdemeanor to reproduce, alter, modify,
or misrepresent a driver's license or identification card
(Section 407.929);

(10)  Imposes a fine of $250 and five-day suspension of a
store's license to sell tobacco products for the fourth or
subsequent violation of the statutes banning the sale or
distribution of tobacco products to persons under the age of
18.  In addition, the store will be fined in the same amount as
the individual wrongfully selling the tobacco products (Section
407.931); and

(11)  Imposes additional penalties on the owner or operator of
the outlet selling tobacco products to persons under 18.  For
the first offense, the Division of Liquor Control will issue a
reprimand; for a second offense, the division will prohibit the
sale of tobacco products for one day; for a third offense, the
division will prohibit the sale of tobacco products for 2 days;
and for the fourth and subsequent offense, the division will
prohibit the sale of tobacco products for 3 days.  The penalties
will not be imposed on the owner or operator if certain
circumstances involving the training of employees in the sale of
tobacco to minors can be shown (Section 407.931).

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am