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BULLETSt. Louis City Revised Code Chapter 11.32 Smoking Part III

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.32
Smoking
PART III SALE OF TOBACCO PRODUCTS TO MINORS

Sections:

11.32.110 Sale of tobacco products to minors--Unlawful.
11.32.120 Prohibition of vending tobacco products without a sign.
11.32.130 Prohibitions of smoking in school buildings and day care centers.
11.32.140 Exemptions.
11.32.150 Definitions.
11.32.160 Penalty for violation.
11.32.170 Community service.

Prior history:

Ord. 62236: 1948 C. Ch. 46 71: 1960 C. Ch. 811
 
Smoking in projection booth, see 8.100.280 P

11.32.110 Sale of tobacco products to minors--Unlawful.

A. For purposes of this chapter the following definitions shall apply:

1. "Tobacco product" shall mean smokeless tobacco products, tobacco snuff, cigarettes, cigars, pipe tobacco or other tobacco products suitable for smoking.

2. "Smokeless tobacco products" shall mean loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth.

3. "Tobacco snuff" shall mean a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user.

B. Sale or Distribution Prohibited.

1. No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any person seventeen (17) years of age or under.

2. Any person found to have distributed any tobacco product to a family member who is seventeen (17) years of age or under shall be deemed to be in violation of subsection (B)(1)(a) of this section.

3. No person seventeen (17) years of age or under shall purchase, attempt to purchase or have in his possession any cigarettes, cigarette wrappers or tobacco products within the City of St. Louis.

4. It shall be unlawful for any person of the age of seventeen (17) years or under to represent that he has attained the age of eighteen (18) for the purpose of purchasing, asking for or in any way receiving cigarettes, cigarette wrappers or tobacco products except in cases authorized by law.

5. It shall be unlawful for any person to give, lend, sell or otherwise provide any person of the age of seventeen (17) years and under any falsified identification or identification of another person for the purpose of establishing the age of the individual as being eighteen (18) years or older.

6. 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.

7. 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 this section.

8. The Department of Health for the City of St. Louis may engage in activities calculated to measure compliance with the provisions of this chapter. Private organizations and individuals, as may be designated by the Department of Health may engage in such activities to measure compliance with the provisions of this chapter when such activity is authorized and approved by the Department of Health.

9. It shall not be an offense under subsection (B)(3) of this section if the person under eighteen years of age was acting at the direction of an employee of a governmental agency, or designee of such agency, authorized to enforce or ensure compliance with laws relating to the prohibition of the sale of cigarettes and tobacco products to minors.

10. If a sale is made by an employee of the owner of an establishment in violation of this section, the employee shall be guilty of an offense established herein. If a vending machine is in violation of this section, the owner or lessee of the establishment shall be guilty of an offense established herein. If a sample is distributed by an employee of a company conducting the sampling, such employees shall be guilty of an offense established herein.

C. Any vending machine used for the sale of tobacco products may only dispense tobacco products. No person may place a tobacco products vending machine within 500 feet of a school. No retailer may keep a tobacco products vending machine in a public place that is open to persons seventeen years of age or younger unless the such vending machine:

1. Is located within the unobstructed line of sight and under the direct supervision of an employee responsible for preventing persons seventeen years of age and younger from purchasing any tobacco product from that machine;

2. Is located not less than 20 feet from all entrances and exits accessible to the general public; and

3. Is in a place that is inaccessible to the public when the premises is closed.

D. It shall be unlawful to sell or offer for sale, to any person, cigarettes in any number amounting to less than one pack containing twenty (20) cigarettes.

E. Penalty. Any person seventeen (17) years of age or younger who is determined to have violated, for the first time, any provision of this chapter shall be ordered to complete a tobacco education program approved by the Division of Probation and Parole and the Department of Health. Upon the successful completion of such program, any charge related to the violation of this chapter shall be dismissed as to such juvenile offender.

Any person seventeen (17) years of age or younger who is determined to have violated any provision of this chapter subsequent to the completion of a tobacco education program as provided in this section shall be fined not less than twenty ($20) dollars nor more than one hundred ($100) dollars or, in the discretion of the court, be sentenced to community service for a period of not less than twenty (20) hours or be assessed both a fine and community service.
(Ord. 64840 2--6, 1999.)

11.32.120 Prohibition of vending tobacco products without a sign.

A. It shall be unlawful for any person to give, barter, sell, cause to be sold, distribute, furnish or permit the sale or distribution of tobacco in any of its forms, or cigarette papers, unless the premises upon which the tobacco or cigarette papers are sold or distributed prominently displays a sign which shall contain in red lettering at least one-half inch high on white background and prominently posted in a place and manner reasonably likely to come to the attention of the user that the sale of tobacco to a permit under 18 years of age is unlawful:

"IT IS A VIOLATION OF THE LAW:

1. FOR ANY PERSON UNDER THE AGE OF 18 TO PURCHASE OR IN ANY WAY RECEIVE CIGARETTES OR TOBACCO IN ANY OF ITS FORMS OR CIGARETTE PAPERS OR TO REPRESENT THAT HE OR SHE IS 18 YEARS OF AGE FOR THE PURPOSE OF SAID PURCHASE OR RECEIPT.

2. FOR ANY PERSON TO SELL OR FURNISH CIGARETTES OR TOBACCO IN ANY OF ITS FORMS OR CIGARETTE PAPERS TO ANY PERSON UNDER THE AGE OF 18."

B. The sign referred to in Section 11.32.120 shall be distributed without cost by the St. Louis License Collector with all purchases of cigarette machine business decals (license for cigarette machines) and licenses for businesses where cigarettes are sold.
(Ord. 62423 3, 1991.)

11.32.130 Prohibitions of smoking in school buildings and day care centers.

A. It shall be unlawful for any person to smoke or carry any lighted cigarettes, cigars, pipes or other tobacco products inside any elementary, middle or secondary school buildings, including both public and private school buildings, except at adult oriented functions which take place in a gymnasium, auditorium, cafeteria or in other assembly halls after 6:00 P.M. on Mondays through Fridays or at any time on Saturdays or Sundays.

B. It shall be unlawful for any person to smoke any cigarettes, cigars, pipes or other tobacco products inside any day care center, during the hours of operation of the day care center.
(Ord. 62423 4, 1991.)

11.32.140 Exemptions.

A. Shall not apply to the distribution of tobacco or cigarette papers by an individual to family members or acquaintances on private property not open to the public.

B. Shall not apply to the sale of tobacco from a vending machine if the vending machine contains thereon a notice prominently posted in a manner reasonably likely to come to the attention of the user that the sale of tobacco to a person under the age of eighteen (18) years of age is unlawful and the owner of the vending machine or person leasing the vending machine does not knowingly permit the sale of tobacco to persons under eighteen (18) years of age.
(Ord. 62423 5, 1991.)

11.32.150 Definitions.

A. "Day care center" shall include the entirety of any house or other building in any part of which care is provided for any part of the twenty-four hour day for five or more children who do not live on the premises, including but not limited to all day care homes licensed under Chapter 26.08.170;

B. "School building" shall include the entirety of any building in any part of which student education or school-sponsored student recreation, assembly or activity takes place;

C. "Tobacco" shall include, but not be limited to, cigars, cigarettes, pipe tobacco and smokeless tobacco or tobacco products that are suitable for dipping or chewing.
(Ord. 62423 6, 1991.)

11.32.160 Penalty for violation.

A. Every person who shall be convicted of any violation of the provisions of this chapter shall be fined not less than Fifty ($50.00) Dollars nor more than One Hundred ($100.00) Dollars.

B. For any subsequent conviction of this chapter the judge shall require a fine of not less than $100.00.
(Ord. 62423 7, 1991.)

11.32.170 Community service.

The judge may in lieu of fine impose no less than 40 hours community service for persons convicted of violation of Section 11.32.110(B) of this chapter.
(Ord. 62423 8, 1991.)

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