§ 30-227. Tobacco and minors.

(a)

The term "minor," as used in this section, means a person under the age of 18 years.

(b)

The term "tobacco product," as used in this section, includes cigarettes, cigars, chewing tobacco, snuff tobacco, and any other product containing tobacco designed for the smoking of tobacco or the oral placement of tobacco.

(c)

It shall be unlawful for any person to deliver, distribute or sell tobacco, a tobacco product or rolling papers to a minor. This subsection shall not apply to such delivery or distribution by a family member to a minor on property that is not open to the public.

(d)

If a sale contemplated by subsection (c) of this section is made by an employee of an establishment or business, the employee shall be guilty of the offense.

(e)

Lack of knowledge of a minor's age or reliance on false identification, absent compliance with identification procedures described in RSMo 311.328, shall not constitute a defense to the provisions of subsections (c) and (d) of this section.

(f)

It shall be unlawful for any minor to possess tobacco, tobacco products and rolling papers.

(g)

Any person who violates this section shall be fined:

(1)

For the first offense: $25.00;

(2)

For the second offense: $100.00;

(3)

For the third and subsequent offenses: $250.00.

(Code 1991, § 15-31; Ord. No. 1562, § 1, 4-17-2000; Ord. No. 1567, § 1, 6-19-2000)

State law reference

Similar provisions, RSMo 407.926, 407.931; exception for minor employed by division of liquor control, RSMo 407.933.