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HomeMy WebLinkAbout1398 Amending City Code Chapters 125,210,300 and 600 in Accordance with 2014 Missouri General Assembly BILL NO: 2015-025 ORDINANCE NO: 1 ,3q ? AN ORDINANCE AMENDING CITY CODE CHAPTERS 125,210,300,AND 600 IN ACCORDANCE WITH LAWS ENACTED BY THE 2014 MISSOURI GENERAL ASSEMBLY. BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF RIVERSIDE, MISSOURI, as follows: SECTION 1 —ADOPTION OF AMENDMENT. Section 125.140.A of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded stAkethrough): A. Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this Section and Section 43.507, RSMo. The closed records shall be available to: criminal justice agencies for the administration of criminal justice pursuant to Section 43.500, RSMo., criminal justice employment, screening persons with access to criminal justice facilities, procedures and sensitive information; to law enforcement agencies for issuance or renewal of a license, permit, certification, or registration of authority from such agency including, but not limited to, watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess a firearm; those agencies authorized by Section 43.543, RSMo., to submit and when submitting fingerprints to the central repository; the Sentencing Advisory Commission created in Section 558.019, RSMo., for the purpose of studying sentencing practices in accordance with Section 43.507, RSMo.; to qualified entities for the purpose of screening providers defined in Section 43.540, RSMo.; the Department of Revenue for driver license administration; the Division—ef Workers' Compensation Department of Public Safety for the purposes of determining eligibility for crime victims' compensation pursuant to Sections 595.010 to 595.075, RSMo.; Department of Health and Senior Services for the purpose of licensing and regulating facilities and regulating in-home services provider agencies and Federal agencies for purposes of criminal justice administration, criminal justice employment, child, elderly, or disabled care, and for such investigative purposes as authorized by law or presidential executive order. SECTION 2 — ADOPTION OF AMENDMENT. Section 210.840.A.8 of the City Code of the City of Riverside, Missouri is hereby added to read as follows (text to be added is bolded underline; text to be deleted contains a bolded stAkethrough): Possesses a firearm while also knowingly in possession of a controlled substance that is sufficient for a felony violation of section 195.202, RSMo. 1 SECTION 3 — ADOPTION OF AMENDMENT. Section 210.840.B.8 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded strikethreugh): Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the gaartment of public safety under section 590.750, RSMo; SECTION 4 —ADOPTION OF AMENDMENT. Section 210.840.B.10 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline;text to be deleted contains a bolded strikethreugh): Any prosecuting attorney or assistant prosecuting attorney, or- any circuit attorney or assistant circuit attorney, or any person appointed by a court to be a special prosecutor who has completed the firearms safety training course required under Subsection (2) of Section 571.111, RSMo; SECTION 5 —ADOPTION OF AMENDMENT. Section 210.840.B.12 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline;text to be deleted contains a bolded strikethreugh): Upon the written approval of the Governing Body of a Fire Department or Fire Protection District, any paid Fire Department or Fire Protection District Chief who is employed on a full- time basis and who has a valid concealed carry endorsement issued prior to August 28, 2013, or a valid concealed carry permit, when such uses are reasonably associated with or are necessary to the fulfillment of such person's official duties. SECTION 6 —ADOPTION OF AMENDMENT. Section 210.900.A.10 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline;text to be deleted contains a bolded strikethr-eugh): Any higher education institution or elementary or secondary school facility without the consent of the Governing Body of the higher education institution or a school official or the district school board unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises; 2 SECTION 7—ADOPTION OF AMENDMENT. Section 210.1050 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded str-iliethfeegh): A. A person does not commit an offense by damaging, tampering with, operating, riding in or upon or making connection with property of another if he/she does so under a claim of right and has reasonable grounds to believe he/she has such a right. B. The defendant shall have the burden of injecting the issue of claim of right. C. No person who, as a tenant, willfully or wantonly destroys, defaces, damages, impairs, or removes any part of a leased structure or dwelling unit, or the facilities, equipment, or appurtenances thereof, may infect the issue of claim of right. SECTION 8—ADOPTION OF AMENDMENT. Section 210.2100 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded stt ikethrough): Alternative nicotine product - 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. Sample — A tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost or at nominal cost for product promotional purposes. Sampling - The distribution to members of the general public of tobacco product, alternative nicotine product or vapor product samples. Tobacco products - Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco but does not include alternative nicotine products, or vapor products. Vapor product - Any non-combustible 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 3 product or device. Vapor product does not include any alternative nicotine product or tobacco product. Vending machine - 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. SECTION 9—ADOPTION OF AMENDMENT. Section 210.2100 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded str-fliethreugh): A. It shall be unlawful for any person to sell, provide or distribute tobacco products, alternative nicotine products, or vapor products to persons under eighteen (18) years of age. B. All vending machines that dispense tobacco products, alternative nicotine products, or vapor 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 (18) years of age from purchasing any tobacco product, alternative nicotine product, or vapor product from such machine or 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 (18) years of age are not permitted or prohibited by law. An owner of an establishment whose vending machine is not in compliance with the provisions of this Subsection shall be subject to the penalties contained in Subsection (D) of this Section. A determination of non-compliance may be made by a local law enforcement agency or the Division of Alcohol and Tobacco Control. Nothing in this Section shall apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public. C. No person or entity shall sell, provide or distribute any tobacco product, alternative nicotine product,or vapor product or rolling papers to any minor or sell 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. D. Any person, including, but not limited to, a sales clerk, owner or operator, who violates Subsections (A), (B) or (C) of this Section or Section 210.2140 of this Article shall be penalized as follows: 1. For the first (1st) offense,twenty-five dollars ($25.00); 2. For the second (2nd) offense, one hundred dollars ($100.00); and 3. For a third (3rd) and subsequent offense, two hundred fifty dollars ($250.00). 4 E. Any owner of the establishment where tobacco products, alternative nicotine products, or vapor products are available for sale who violates Subsection (C) of this Section shall not be penalized pursuant to this Section if such person documents the following: 1. An in-house or other tobacco compliance employee training program was in place to provide the employee with information on the State and Federal regulations regarding tobarna sales of tobacco products, alternative nicotine products, or vapor products to minors. Such training program must be attended by all employees who sell tobacco products, alternative nicotine products, or vapor products to the general public; 2. A signed statement by the employee stating that the employee has been trained and understands the State laws and Federal regulations regarding the sale of tobacco products, alternative nicotine products, or vapor products to minors; and 3. Such in-house or other tobacco compliance training meets the minimum training criteria, which shall not exceed a total of ninety (90) minutes in length, established by the Division of Alcohol and Tobacco Control. F. The exemption in Subsection (E) of this Section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products, alternative nicotine products, or vapor products are available for sale if: 1. Four (4) or more violations per location of Subsection (C) of this Section occur within a one (1) year period; or 2. Such person knowingly violates or knowingly allows his/her employees to violate Subsection(C)of this Section. G. If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Subsections (A), (B) and (C) of this Section. If a vending machine is in violation of Section 210.2140, the owner of the establishment shall be guilty of an offense established in Subsections (C) and (D) 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 (C) and(D) of this Section. H. A person cited for selling, providing or distributing any tobacco product, alternative nicotine product, or vapor product to any individual less than eighteen (18) years of age in violation of Subsections (A), (B) or (C) of this Section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was eighteen (18) years of age or older. 5 I. Any person adversely affected by this Section may file an appeal with the Administrative Hearing Commission which shall be adjudicated pursuant to the procedures established in Chapter 621, RSMo. SECTION 10 — ADOPTION OF AMENDMENT. Section 210.2120 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline;text to be deleted contains a bolded strikethr-ougk): A. No person less than eighteen (18) years of age shall purchase, attempt to purchase or possess cigarettes or, other tobacco products, alternative nicotine products, or vapor products unless such person is an employee of a seller of cigarettes Of,tobacco products, alternative nicotine products, or vapor products and is in such possession to effect a sale in the course of employment or an employee of the Division of Alcohol and Tobacco Control for enforcement purposes pursuant to Subsection (5) of Section 407.934, RSMo. B. Any person less than eighteen (18) years of age shall not misrepresent his/her age to purchase cigarettes of, tobacco products, alternative nicotine products, or vapor products. C. Any person who violates the provisions of this Section shall be penalized as follows: 1. For the first (1st) violation, the person is guilty of an infraction and shall have any cigarettes er, tobacco products, alternative nicotine products, or vapor products confiscated; 2. For a second (2nd) violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes or,tobacco products, alternative nicotine products, or vapor products confiscated and shall complete a tobacco education or smoking cessation program, if available. SECTION 11 —ADOPTION OF AMENDMENT. Section 210.2130 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded strikethreugh): No person shall sell cigarettes er,tobacco products, alternative nicotine products, or vapor products unless the person has a retail sales tax license. SECTION 12—ADOPTION OF AMENDMENT. Section 210.1040 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded strikethreugh): A. The owner of an establishment at which tobacco products, alternative nicotine products, vapor 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 6 from which tobacco products, alternative nicotine products, vapor 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(%2) inch high on a white background the following: "IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR, OTHER TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR 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, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS "; and 2. Include a depiction of a pack of cigarettes at least two (2) inches high defaced by a red diagonal diameter of a surrounding red circle and the words "Under 18". SECTION 13—ADOPTION OF AMENDMENT. Section 210.2160 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded strkethrough): A. A person or entity selling tobacco products, alternative nicotine products, or vapor products or rolling papers or distributing tobacco product, alternative nicotine product, or vapor 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 (18). B. 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 any State or possession of the United States to residents of those States or possessions, 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 Alcohol and Tobacco Control or any owner or employee of an establishment that sells tobacco products, alternative nicotine products, or vapor products for the purpose of aiding the registrant, agent or employee to determine whether or not the person is at least eighteen (18) years of age when such person desires to purchase or possess tobacco products procured from a registrant. Upon such presentation, the owner or employee of the establishment 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. 7 C. 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 an ordinance violation. D. 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 (A), (B) and (C) of Section 210.2110 of this Article. No person shall be liable for more than one (1) violation of Subsections (B) and(C) of Section 210.2110 on any single day. SECTION 14—ADOPTION OF AMENDMENT. Section 300.010 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded strikethreugh): "Recreational off-highway vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-four more than fifty inches or less but no more than sixty- seven inches in width, with an unladen dry weight of two thousand pounds or less, traveling on four or more nonhighway tires, with a nonstradd!e seat, and steering wheel, and which may have access to ATV trails. SECTION 15—ADOPTION OF AMENDMENT. Section 600.010 of the City Code of the City of Riverside, Missouri is hereby amended to read as follows (text to be added is bolded underline; text to be deleted contains a bolded stAkethrough): ORIGINAL PACKAGE Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other containers of intoxicating liquor, where the package and/or container(s) describes the contents thereof as intoxicating liquor. "Original package" shall also be construed and held to refer to any package containing three one (31) or more standard bottles, cans, or pouches of beer. SECTION 16—EFFECTIVE DATE.That this Ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Mayor. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Mi�sburi,this ' day of , 20 5. Kathleen L. Rose, Mayor ATTEST: Robin Littrell, C ty Clerk + w e 8