SECOND REGULAR SESSION
HOUSE BILL NO. 1701
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor) AND SATER (Co-sponsor).
3946L.01I D. ADAM CRUMBLISS, Chief Clerk
To repeal section 407.934, RSMo, and to enact in lieu thereof one new section relating to tobacco retailer licensing, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 407.934, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 407.934, to read as follows:
407.934. 1. No person shall sell cigarettes or tobacco products unless the person has a retail sales tax license. No retailer shall sell cigarettes or tobacco products unless the person has a tobacco sales license as defined in subsection 5 of this section.
2. [Beginning January 1, 2002, the department of revenue shall permit persons to designate through the Internet or by including a place on all sales tax license applications for the applicant to designate himself or herself as a seller of tobacco products and to provide a list of all locations where the applicant sells such products.
3. On or before July first of each year, the department of revenue shall make available to the division of liquor control and the department of mental health a complete list of every establishment which sells cigarettes and other tobacco products in this state.
4.] The division of [liquor] alcohol and tobacco control shall have the authority to inspect stores and tobacco outlets for compliance with all laws related to access of tobacco products to minors. The division may employ a person seventeen years of age, with parental consent, to attempt to purchase tobacco for the purpose of inspection or enforcement of tobacco laws.
[5.] 3. The supervisor of the division of [liquor] alcohol and tobacco control shall not use minors to enforce the provisions of this chapter unless the supervisor promulgates rules that establish standards for the use of minors. The supervisor shall establish mandatory guidelines for the use of minors in investigations by a state, county, municipal or other local law enforcement authority which shall be followed by such authority and which shall, at a minimum, provide for the following:
(1) The minor shall be seventeen years of age;
(2) The minor shall have a youthful appearance, and the minor, if a male, shall not have facial hair or a receding hairline and if a female, shall not wear excessive makeup or excessive jewelry;
(3) The state, county, municipal or other local law enforcement agency shall obtain the consent of the minor's parent or legal guardian before the use of such minor on a form approved by the supervisor;
(4) The state, county, municipal or other local law enforcement agency shall make a photocopy of the minor's valid identification showing the minor's correct date of birth;
(5) Any attempt by such minor to purchase tobacco products shall be videotaped or audiotaped with equipment sufficient to record all statements made by the minor and the seller of the tobacco product;
(6) The minor shall carry his or her own identification showing the minor's correct date of birth and shall, upon request, produce such identification to the seller of the tobacco product;
(7) The minor shall answer truthfully any questions about his or her age and shall not remain silent when asked questions regarding his or her age;
(8) The minor shall not lie to the seller of the tobacco product to induce a sale of tobacco products;
(9) The minor shall not be employed by the state, county, municipal or other local law enforcement agency on an incentive or quota basis;
(10) The state, county, municipal or other local law enforcement agency shall, within forty-eight hours, contact or take all reasonable steps to contact the owner or manager of the establishment if a violation occurs;
(11) The state, county, municipal or other local law enforcement agency shall maintain records of each visit to an establishment where a minor is used by the state, county, municipal or other local law enforcement agency for a period of at least one year following the incident, regardless of whether a violation occurs at each visit, and such records shall, at a minimum, include the following information:
(a) The signed consent form of the minor's parent or legal guardian;
(b) A Polaroid photograph of the minor;
(c) A photocopy of the minor's valid identification, showing the minor's correct date of birth;
(d) An information sheet completed by the minor on a form approved by the supervisor; and
(e) The name of each establishment visited by the minor, and the date and time of each visit.
[6.] 4. If the state, county, municipal or other local law enforcement authority uses minors in investigations or in enforcing or determining violations of this chapter or any local ordinance and does not comply with the mandatory guidelines established by the supervisor of [liquor] alcohol and tobacco control in subsection  3 of this section, the supervisor of [liquor] alcohol and tobacco control shall not take any disciplinary action against the establishment or seller pursuant to this chapter based on an alleged violation discovered when using a minor and shall not cooperate in any way with the state, county, municipal or other local law enforcement authority in prosecuting any alleged violation discovered when using a minor.
5. Every retailer of cigarettes or tobacco products, as defined in section 149.011, located in this state shall, as a condition of carrying on such business, secure a written license from the supervisor of the division of alcohol and tobacco control and pay an annual fee of fifty dollars. The license shall be kept on public display in the retailer's place of business at all times.
6. On approval of the application and payment of the license fee required in subsection 5 of this section, the supervisor of alcohol and tobacco control shall grant the applicant a license to conduct business in the state for a term to expire on the thirtieth day of June next succeeding the date of such license. A separate license shall be required for each place of business.
7. Every license issued under this section shall particularly describe the premises at which cigarettes or tobacco products may be sold thereunder and such license shall not be deemed to authorize or permit the sale of cigarettes or tobacco products at any premises other than the premises described therein.
8. Applications for renewal of licenses shall be filed on or before the first day of May of each calendar year.
9. Before any license is issued or renewed under this section, the supervisor of alcohol and tobacco control shall require a statement from the director of revenue that the applicant has paid all sales and use taxes due, including all penalties and interest, or does not owe any sales or use tax.
10. Any person, firm, partnership, limited liability company or corporation who sells or offers for sale in this state any cigarette or tobacco products without first having obtained a license as required in this section from the supervisor of alcohol and tobacco control authorizing the person or entity to sell such cigarettes or tobacco products is guilty of a misdemeanor and upon a plea of guilty or finding of guilt is subject to a fine of not less than one hundred dollars or more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
11. The supervisor of alcohol and tobacco control may take action against the license holder for unlawful sale or distribution of cigarettes or tobacco products in violation of sections 407.920 to 407.934.
12. (1) There is hereby created in the state treasury a special trust fund to be known as the "Alcohol and Tobacco Enforcement Trust Fund", which shall consist of moneys collected under this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely to support the division of alcohol and tobacco control for enforcement of liquor control and tobacco enforcement laws under chapters 311 and 312 and sections 407.920 to 407.934.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.