ATTENTION RETAILERS (Effective January 1, 2017)
The Jackson County, Missouri county government has enacted chapter 59., Jackson County Code, 1984, consisting of sections 5900., 5901., 5902., 5903., 5904., 5905., 5906., and 5907. relating to the sale and purchase of tobacco and related products with a sever ability clause, a penalty provision, and an effective date.
The Jackson County Health Department is providing the following merchant resources: click the link and then download the documents to your computer to print.
Information on Sections 5900 – 5907
- It shall be unlawful for any business proprietor, manager, or other Person in charge or control of a retail business of any kind to stock or display Tobacco Product in any way which allows a customer to access such Tobacco Product without first securing the physical assistance of an employee, except that adult customers may be allowed to enter walk-in humidors for the purpose of selecting for purchase cigars displayed therin.
- It shall be unlawful for any Person to sell or distribute any Tobacco Products, Rolling Papers, Alternative Nicotine Products, or Vapor Products to any Person under the age of 21, or allow such sale or distribution. This section shall not apply to the distribution by family members on property that is not open to the public.
- It shall be unlawful for any employee or owner of an establishment where any Vending Machine is located to permit or allow any Person under the age of 21 to purchase or otherwise obtain any Tobacco Products, Rolling Papers, Alternative Nicotine Products, or Vapor Products from such Vending Machine.
- It shall be unlawful for any Person to distribute Tobacco Products or Rolling Paper Samples in or on any public street, sidewalk, school ground, or park, or on private property open to the public, without the property owner’s permission.
Alternative Nicotine Product: shall mean 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.
Blunt Wrap: shall mean an individual tobacco wrapper, by whatever name known, that is designed to be sold to the public and is made wholly or in part from tobacco, including reconstituted tobacco, whether in the form of a tobacco leaf, sheet, or tube.
Distribute or Distribution: shall mean a conveyance to the public by sale, barter, gift, or sample.
Person: shall mean an individual, partnership, co-partnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, independent or wholesale retailer, or any agency, board, department, or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties.
Proof of Age: shall mean a driver’s licence or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
Rolling Papers: shall mean paper designed, manufactured, marketed, or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokable cigarette.
Sample: shall mean a product distributed to members of the general public at no cost for product promotional purposes.
Tobacco Products: shall mean any substance containing tobacco leaf, including, but not limited to, Blunt Wraps, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
Under Direct Supervision: shall mean in the plain vision of an employee or owner of a retail business during regular business hours.
Vapor Product: shall mean any non-combustible product with or without nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, which can be used to produce vapor with or without 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 liquid solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor products does not include any alternative nicotine or tobacco product.
Vending Machine: shall mean any mechanical electric or electronic, self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses products.
The owner of an establishment at which Tobacco Products are sold at retail or through Vending Machines shall cause to be prominently displayed in a conspicuous place at every display from which Tobacco Products are sold and on every Vending Machine where Tobacco Products are purchased a sign that shall:
(a) Contain in red lettering at least one-half inch high on a white background the following: “It is a violation of law for cigarettes, other tobacco products, alternative nicotine products or vapor products,” and the words “to be sold to any person under 21” in bold, black font; and,
(b) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle.
Further, all such Vending Machines shall be Under Direct Supervision of the owner of the establishment or an employee of the owner unless such Vending Machine is located in a place where Persons under the age of 21 are denied access.
Any Person who violates any provision of this chapter, except a provision of section 5906., shall, for each offense, be fined not less than $100.00 and not mroe than $1000.00 or be punished by imprisonment not to exceed six months, or be punished by both fine and imprisonment. Each violation of, or failure, refusal, or neglect to comply with, and provision of this chapter shall constitute a separate and distinct offense.