HomeMy WebLinkAbout2002-030 - Amendment to Chapter 210 of the Municipal CodeBILL NO. 2002- ~~
ORDINANCE NO. 2002-
AN ORDIV.-ONCE .a~IF.NllING TITLE II OF THE :~IONIC[PAL COllE OF TIIE CIT~~
OF RI~'ERS[DE, ~IISSOL'RI, CHAPTER 210, ARTICLE NI[[ RELATING TO S~[OKE
FREE AIR :~Nll THE SALE ANll POSSESSION OF TOBACCO PRODC~C"hS
WHEREAS. the iVlissouri Legislature has adopted a bill and signed such into la~~~ ~~hich
thoroughl~~ regulates and restricts the methods and procedures for marketing. scllin~a and
possessing tobacco and tobacco products; and
WHEREAS, the Cite of Kicerside desires to protect the public health. saletc and «<Ifare
of its citi~.cns: and
WHEREAS. the Cite of Ri~~erside desire to protect the public safet~~ b~ amendin~a its
current code pro~~isions addressin~a smoke tree air to correlate ~~ith and include the pro~~i>ions of
the recently enacted state statute
NOW, THEREFORE, BE [T ORDAINED, b~~ the Board oC Aldermen of the Cite of
Ri~~crside. Missouri. as lollo~~s:
Section I. The '.Municipal Code of the Cit~,~ of Ri~u~side, Chapter '10. :Article AIII.
Section ?10.6g0, is hereby deleted and shall be replaced ~~ith the follo~~ing pro~~isions so that
\rticle III[, in its entiret~~, shall read as lollo~~~s:
:~KT[CLE NI[l. TOBACCO AND TOBACCO PRODC`CTS
SECTION 210.680: SNIOKF. FREE AIR IN CERTAIN PUBLIC PLACES
~u person shall smoke in anv Cite buildin<a.
SECTION 210.690: SALE TO MINORS-PROHIBI"CED
~. No person or entin~ ~~ho sells tobacco products shall sell such tobacco products to
any person who is less than ci~~hteen (l i3) ~~ears of age.
B. An~~ person or entit~~ ~~ho sells or distributes tobacco products ti~~ mail or du~ou~~h
the Internet in ~~iolation of subsection A of this section shall be assessed a fine of
t~~o hundred and tift~ dollars l~n- the first violation and ti~~e hundred dollars feu
each subsequent ~~iolation.
SECTION 21U.70U: POSTING OF SIGNS
The o~~ner of an establislunent at ~~hich toh<icco products or rollin~_ papers arc sold .u
retail or throu~!h ~~endin<~ machines shall cause to he prominently displa~cd in a
C'. .Ant person who shall. ~~idunit aurhoriza~ion From the dcparunent of re~enuv.
reproduce. alter. modift or misrepresent anv chault~ur's licensc_ motor ~chicl~
operators license or identification card shall he deemed «uilt~~ of a mi,~l~m~anur.
D. Reasonable reliance on proo[ of a«e or un dle nppe~irance oC the purcha~u~ or
recipient shall be a defense to ant action for a violation of subsections :A. [3 and C
of section ? 10.730. No person shall be liable l~>r more than one violation of
subsections B and C of section ~ 10.730 on anv single dac.
SECTION 210.730: UNLAWFUL SALE OF TOBACCO PRODUCTS
:~. It shall be unla~~fiil for anv person to sell, provide or distribute tobacco products
to persons under eighteen (18) years of a«e.
[3. All tending machines drat dispense tobacco products shall be located within the
unobstructed line of sight and under the direct supertision of an adult responsible
for preventing persons less dean eighteen years of age from purchasing anv
tobacco product from such machine or shall be equipped with aleck-out device to
present the machines. fi-om bein~~ operated until the person responsible l~~r
monitoring sales from the machines disables the lock. Such locking deuce shall
be of a desi~~n that prey°ents it li-om being left in an unlocked condition and which
Mill allow only a single sale when actuated. .a locking device shall not b~
required on machines that arc located in areas where persons less dean ci~sht~~n
(18) tears of age are not permitted or prohibited by law. An owner of an
establishment whose tending machine is not in compliance Stith the provisions of
this subsection shall be subject to the penalties contained in subsection L of this
section. A determination of noncompliance may be made by die Department of
Public Safety or the state di~~ision of liquor control. Nothin~u in this Section shall
apply to a vending machine if located in a tactorv, pritate club or other location
not «enerally accessible to the ~~eneral public.
C No person or entity shall sell, provide or distribute any- tobacco product or rolling
papers to ant minor, or sell anv inditidual cigarettes to any person. This
subsection shall not apply to the disu~ibution bt 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
tiolates subsection :~. Q or C of this Section or Section ? 10.700 shall be penalized
pursuant to the provisions of-107.931 .-l. RS~Io.
[:. env owner of the establishment where tobacco products arc available for sale
~~ho violates subsection C of this Section. in addition to the penalties established
in subsection D of this Section. shall he pursuant to the provisions of X07.931 .3.
RS\Io.. unless the csceptions to penalization prodded in 807.931.(, and
-!07.931 J RS~Io. apply.
F. A person curd I~,r selling, providing or disu~ibuting anv tobacco product to any
indi~ ideal leS~ than riuhtocn (I S l gars ofa<uo in ~ iulation o(~sub,~ctiun :A. 13 ~~r (~
Section ~. 1 hip (h~linance ;hall be in bill ford anal effect From anal after iu E~~~;;a~~c anal
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