Hallsville Unlawful to Sell or Distribute Tobacco Products, Alternative Nicotine Products or Vapor Products to Persons under Twenty-One (21): Vending Machine Requirements ordinance (§ 210.1940)

A. It shall be unlawful for any person to sell, provide, or distribute tobacco products, alternative nicotine products or vapor products to persons under twenty-one (21) years of age.

B. All vending machines that dispense tobacco products, alternative nicotine products or vapor products shall be located within places in which persons under twenty-one (21) years of age are prohibited access. Any tobacco product, alternative nicotine product or vapor product from such machine 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. 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.

C. No person or entity shall sell, provide or distribute any tobacco product, alternative nicotine product or vapor product or rolling papers to any persons under twenty-one (21) years of age.

D. A sales clerk who violates Subsection (A), (B) or (C) of this Section or Section 210.1930, Subsection (D), of this Article shall be penalized as follows:

1. For the first offense, twenty-five dollars ($25.00);

2. For the second offense, one hundred dollars ($100.00); and

3. For a third and subsequent offense, two hundred fifty dollars ($250.00).

E. If the City observes violation(s) of this Article, in addition to the penalties established in 210.1930 of this Article, the following civil fines and penalties shall be imposed on the tobacco retailer owner or operator:

1. For the first violation per location within three (3) years, the City shall issue a civil fine of no less than three hundred dollars ($300.00);

2. For the second violation per location within three (3) years, the City shall issue a civil fine of no less than six hundred dollars ($600.00) and suspend the tobacco retail license of the tobacco retailer for a twenty-four-hour period;

3. For the third violation per location within three (3) years, the City shall issue a civil fine of no less than one thousand dollars ($1,000.00) and suspend the tobacco retail license of the tobacco retailer for a thirty-day period;

4. For the fourth and any subsequent violations per location within three (3) years, the City shall issue a civil fine of no less than one thousand dollars ($1,000.00) and suspend the tobacco retail license of the tobacco retailer for a six-month period.

F. This Article shall be enforced by conducting compliance checks on each tobacco retailer at least twice per year. The City shall conduct compliance checks by engaging persons between the ages of

18 and 20 to enter the premises to attempt to purchase tobacco or electronic cigarette products. Unannounced follow-up compliance check(s) of all non-compliant tobacco retailers are required within three (3) months of any violation of this Article. The results of all compliance checks and inspections shall be published by the City or its authorized agent at least annually and made available to the public upon request.

G. A person cited for selling, providing or distributing any tobacco product, alternative nicotine product or vapor product to any individual less than twenty-one (21) years of age in violation of Subsection (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 twenty-one (21) years of age or older.

H. Any person adversely affected by this Section may file an appeal with the Circuit Court of Boone County, Missouri.