Sales tax license required to sell tobacco products--division ofliquor control to have inspection authority--limitations on use ofminors for enforcement purposes.
407.934. 1. No person shall sell cigarettes or tobacco productsunless the person has a retail sales tax license.
2. Beginning January 1, 2002, the department of revenue shall permitpersons to designate through the Internet or by including a place on allsales tax license applications for the applicant to designate himself orherself as a seller of tobacco products and to provide a list of alllocations where the applicant sells such products.
3. On or before July first of each year, the department of revenueshall make available to the division of liquor control and the departmentof mental health a complete list of every establishment which sellscigarettes and other tobacco products in this state.
4. The division of liquor control shall have the authority to inspectstores and tobacco outlets for compliance with all laws related to accessof tobacco products to minors. The division may employ a person seventeenyears of age, with parental consent, to attempt to purchase tobacco for thepurpose of inspection or enforcement of tobacco laws.
5. The supervisor of the division of liquor control shall not useminors to enforce the provisions of this chapter unless the supervisorpromulgates rules that establish standards for the use of minors. Thesupervisor shall establish mandatory guidelines for the use of minors ininvestigations by a state, county, municipal or other local law enforcementauthority which shall be followed by such authority and which shall, at aminimum, 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 amale, 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 enforcementagency shall obtain the consent of the minor's parent or legal guardianbefore the use of such minor on a form approved by the supervisor;
(4) The state, county, municipal or other local law enforcementagency shall make a photocopy of the minor's valid identification showingthe minor's correct date of birth;
(5) Any attempt by such minor to purchase tobacco products shall bevideotaped or audiotaped with equipment sufficient to record all statementsmade by the minor and the seller of the tobacco product;
(6) The minor shall carry his or her own identification showing theminor's correct date of birth and shall, upon request, produce suchidentification to the seller of the tobacco product;
(7) The minor shall answer truthfully any questions about his or herage and shall not remain silent when asked questions regarding his or herage;
(8) The minor shall not lie to the seller of the tobacco product toinduce a sale of tobacco products;
(9) The minor shall not be employed by the state, county, municipalor other local law enforcement agency on an incentive or quota basis;
(10) The state, county, municipal or other local law enforcementagency shall, within forty-eight hours, contact or take all reasonablesteps to contact the owner or manager of the establishment if a violationoccurs;
(11) The state, county, municipal or other local law enforcementagency shall maintain records of each visit to an establishment where aminor is used by the state, county, municipal or other local lawenforcement agency for a period of at least one year following theincident, regardless of whether a violation occurs at each visit, and suchrecords 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 theminor's correct date of birth;
(d) An information sheet completed by the minor on a form approved bythe supervisor; and
(e) The name of each establishment visited by the minor, and the dateand time of each visit.
6. If the state, county, municipal or other local law enforcementauthority uses minors in investigations or in enforcing or determiningviolations of this chapter or any local ordinance and does not comply withthe mandatory guidelines established by the supervisor of liquor control insubsection 5 of this section, the supervisor of liquor control shall nottake any disciplinary action against the establishment or seller pursuantto this chapter based on an alleged violation discovered when using a minorand shall not cooperate in any way with the state, county, municipal orother local law enforcement authority in prosecuting any alleged violationdiscovered when using a minor.
Sales tax license required to sell tobacco products--division ofliquor control to have inspection authority--limitations on use ofminors for enforcement purposes.
407.934. 1. No person shall sell cigarettes or tobacco productsunless the person has a retail sales tax license.
2. Beginning January 1, 2002, the department of revenue shall permitpersons to designate through the Internet or by including a place on allsales tax license applications for the applicant to designate himself orherself as a seller of tobacco products and to provide a list of alllocations where the applicant sells such products.
3. On or before July first of each year, the department of revenueshall make available to the division of liquor control and the departmentof mental health a complete list of every establishment which sellscigarettes and other tobacco products in this state.
4. The division of liquor control shall have the authority to inspectstores and tobacco outlets for compliance with all laws related to accessof tobacco products to minors. The division may employ a person seventeenyears of age, with parental consent, to attempt to purchase tobacco for thepurpose of inspection or enforcement of tobacco laws.
5. The supervisor of the division of liquor control shall not useminors to enforce the provisions of this chapter unless the supervisorpromulgates rules that establish standards for the use of minors. Thesupervisor shall establish mandatory guidelines for the use of minors ininvestigations by a state, county, municipal or other local law enforcementauthority which shall be followed by such authority and which shall, at aminimum, 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 amale, 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 enforcementagency shall obtain the consent of the minor's parent or legal guardianbefore the use of such minor on a form approved by the supervisor;
(4) The state, county, municipal or other local law enforcementagency shall make a photocopy of the minor's valid identification showingthe minor's correct date of birth;
(5) Any attempt by such minor to purchase tobacco products shall bevideotaped or audiotaped with equipment sufficient to record all statementsmade by the minor and the seller of the tobacco product;
(6) The minor shall carry his or her own identification showing theminor's correct date of birth and shall, upon request, produce suchidentification to the seller of the tobacco product;
(7) The minor shall answer truthfully any questions about his or herage and shall not remain silent when asked questions regarding his or herage;
(8) The minor shall not lie to the seller of the tobacco product toinduce a sale of tobacco products;
(9) The minor shall not be employed by the state, county, municipalor other local law enforcement agency on an incentive or quota basis;
(10) The state, county, municipal or other local law enforcementagency shall, within forty-eight hours, contact or take all reasonablesteps to contact the owner or manager of the establishment if a violationoccurs;
(11) The state, county, municipal or other local law enforcementagency shall maintain records of each visit to an establishment where aminor is used by the state, county, municipal or other local lawenforcement agency for a period of at least one year following theincident, regardless of whether a violation occurs at each visit, and suchrecords 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 theminor's correct date of birth;
(d) An information sheet completed by the minor on a form approved bythe supervisor; and
(e) The name of each establishment visited by the minor, and the dateand time of each visit.
6. If the state, county, municipal or other local law enforcementauthority uses minors in investigations or in enforcing or determiningviolations of this chapter or any local ordinance and does not comply withthe mandatory guidelines established by the supervisor of liquor control insubsection 5 of this section, the supervisor of liquor control shall nottake any disciplinary action against the establishment or seller pursuantto this chapter based on an alleged violation discovered when using a minorand shall not cooperate in any way with the state, county, municipal orother local law enforcement authority in prosecuting any alleged violationdiscovered when using a minor.
Sales tax license required to sell tobacco products--division ofliquor control to have inspection authority--limitations on use ofminors for enforcement purposes.
407.934. 1. No person shall sell cigarettes or tobacco productsunless the person has a retail sales tax license.
2. Beginning January 1, 2002, the department of revenue shall permitpersons to designate through the Internet or by including a place on allsales tax license applications for the applicant to designate himself orherself as a seller of tobacco products and to provide a list of alllocations where the applicant sells such products.
3. On or before July first of each year, the department of revenueshall make available to the division of liquor control and the departmentof mental health a complete list of every establishment which sellscigarettes and other tobacco products in this state.
4. The division of liquor control shall have the authority to inspectstores and tobacco outlets for compliance with all laws related to accessof tobacco products to minors. The division may employ a person seventeenyears of age, with parental consent, to attempt to purchase tobacco for thepurpose of inspection or enforcement of tobacco laws.
5. The supervisor of the division of liquor control shall not useminors to enforce the provisions of this chapter unless the supervisorpromulgates rules that establish standards for the use of minors. Thesupervisor shall establish mandatory guidelines for the use of minors ininvestigations by a state, county, municipal or other local law enforcementauthority which shall be followed by such authority and which shall, at aminimum, 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 amale, 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 enforcementagency shall obtain the consent of the minor's parent or legal guardianbefore the use of such minor on a form approved by the supervisor;
(4) The state, county, municipal or other local law enforcementagency shall make a photocopy of the minor's valid identification showingthe minor's correct date of birth;
(5) Any attempt by such minor to purchase tobacco products shall bevideotaped or audiotaped with equipment sufficient to record all statementsmade by the minor and the seller of the tobacco product;
(6) The minor shall carry his or her own identification showing theminor's correct date of birth and shall, upon request, produce suchidentification to the seller of the tobacco product;
(7) The minor shall answer truthfully any questions about his or herage and shall not remain silent when asked questions regarding his or herage;
(8) The minor shall not lie to the seller of the tobacco product toinduce a sale of tobacco products;
(9) The minor shall not be employed by the state, county, municipalor other local law enforcement agency on an incentive or quota basis;
(10) The state, county, municipal or other local law enforcementagency shall, within forty-eight hours, contact or take all reasonablesteps to contact the owner or manager of the establishment if a violationoccurs;
(11) The state, county, municipal or other local law enforcementagency shall maintain records of each visit to an establishment where aminor is used by the state, county, municipal or other local lawenforcement agency for a period of at least one year following theincident, regardless of whether a violation occurs at each visit, and suchrecords 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 theminor's correct date of birth;
(d) An information sheet completed by the minor on a form approved bythe supervisor; and
(e) The name of each establishment visited by the minor, and the dateand time of each visit.
6. If the state, county, municipal or other local law enforcementauthority uses minors in investigations or in enforcing or determiningviolations of this chapter or any local ordinance and does not comply withthe mandatory guidelines established by the supervisor of liquor control insubsection 5 of this section, the supervisor of liquor control shall nottake any disciplinary action against the establishment or seller pursuantto this chapter based on an alleged violation discovered when using a minorand shall not cooperate in any way with the state, county, municipal orother local law enforcement authority in prosecuting any alleged violationdiscovered when using a minor.
