SECOND REGULAR SESSION

HOUSE BILL NO. 1433

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES HOLLINGSWORTH, GAW, FITZWATER,

GAMBARO (Co-sponsors), OSTMANN, WILLIAMS (121), CAMPBELL, KENNEDY, FROELKER,

HARLAN, SUMMERS, REINHART AND LOUDON.

Read 1st time January 11, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

2933L.01I


AN ACT

To repeal sections 407.927 and 407.931, RSMo 1994, relating to sale of tobacco products, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 407.927 and 407.931, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 407.927, 407.930 and 407.931, to read as follows:

407.927. The owner of an establishment at which tobacco products or rolling papers 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:

(1) Contain in red lettering at least one-half inch high on a white background the following: "It is a violation of state law for cigarettes or other tobacco products to be sold to or in the possession of any person under the age of eighteen"; and

(2) Include a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal diameter of a surrounding red circle, and the words "Under 18".

407.930. 1. It shall be unlawful for any person under the age of eighteen to possess tobacco products.

2. Any person who violates the provisions of this section is guilty of a class C misdemeanor.

407.931. 1. It shall be unlawful for any person to engage in tobacco product distribution to persons under eighteen years of age.

2. No person shall sell any tobacco product or distribute any tobacco product or rolling papers to any minor. [This subsection shall not apply to the distribution by family members on property that is not open to the public.]

3. Any person who violates subsection 1 or 2 of this section or section 407.927 shall be fined:

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

(2) For the second offense, one hundred dollars;

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

4. If a sale is made by an employee of the owner of an establishment in violation of sections 407.925 to 407.932, the employee shall be guilty of an offense established in subsections 2 and 3 of this section. If a vending machine is in violation of section 407.927, the owner of the establishment shall be guilty of an offense established in subsections 2 and 3 of this section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in subsections 2 and 3 of this section.



Missouri House of Representatives