SS/HS/HCS/HBs 1652 & 1433 - The Division of Liquor Control shall enforce the laws prohibiting the sale of tobacco products to minors. Beginning January 1, 2002, the Division and the Department of Mental Health shall submit a joint annual report to the General Assembly regarding the effectiveness of efforts to reduce tobacco possession by minors.

The act prohibits the sale of tobacco products to any person believed to be less than 18 years of age. Any person who distributes tobacco products by mail or through the Internet to a person believed to be less than 18 shall be assessed a fine of $1,000 for the first violation and $2,500 for each subsequent violation. The act revises the sign requirements for retail establishments. Packages must be behind counter, or within the unobstructed line of sight of clerk or easily viewed through mirrors, or sold at an establishment that only admits minors less than 18 accompanied by adult. A violation is an infraction.

A person selling tobacco products shall require proof of age from any customer who reasonably appears less than 18 years of age; a violation is an infraction. Reasonable reliance on proof of age or appearance of purchaser is defense to crime of distribution of tobacco products to persons less than 18. Conclusive reasonable reliance on proof age is presumed if any of listed methods used, including transaction scan device. It shall be a defense to a violation of selling to an underage person if the seller viewed the customer's driver's license and utilized a transaction scan device.

The act contains restrictions on all vending machines that dispense tobacco products. By January 1, 2001, all such machines shall be equipped with a lock-out device to prevent the machines from being operated until the person responsible for monitoring sales disables the lock, except on machines located in areas where minors are prohibited or on any machine within unobstructed line of sight of adult supervisor.

No person less than 18 shall purchase, attempt to purchase or possess tobacco products, or misrepresent his or her age. A first violation is an infraction and may require completion of a smoking cessation program; a second and subsequent violation involving possession results in an infraction and possible community service.

No person shall sell tobacco products without a retail sales tax license and being registered with the Department of Revenue. The Division of Liquor Control is authorized to inspect stores and tobacco outlets for compliance. Any establishment that knowingly sells tobacco products to minors without being registered is guilty of a Class A misdemeanor. Persons less than 17 may not be employed in a sting operation without parental consent.

The Department of Revenue and tobacco wholesalers within the state shall establish a pilot program to establish a more efficient method of stamping and collecting taxes on tobacco products.

The act also creates the Missouri Tobacco Settlement Trust Fund. All moneys received by the state as a result of any dispute between the state and tobacco companies shall be deposited in the Fund.
JOAN GUMMELS

SSA1 for SA1 - Deletes provision establishing Missouri Tobacco Settlement Trust Fund.