Bill Text: MO HB1328 | 2010 | Regular Session | Introduced

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Bill Title: Prohibits any employee of a seller of cigarettes or tobacco products who is younger than 18 years of age from selling cigarettes or tobacco products in the course of his or her employment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-14 - Referred: Small Business (H) [HB1328 Detail]

Download: Missouri-2010-HB1328-Introduced.html

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SECOND REGULAR SESSION

HOUSE BILL NO. 1328

95TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVE CURLS.

3837L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To repeal section 407.933, RSMo, and to enact in lieu thereof one new section relating to sale of cigarettes, with a penalty provision.

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

            Section A. Section 407.933, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 407.933, to read as follows:

            407.933. 1. No person less than eighteen years of age shall purchase, attempt to purchase or possess cigarettes or other tobacco products [unless such is an employee of a seller of cigarettes or tobacco products and is in such possession to effect a sale in the course of employment, or an employee of the division of liquor control for enforcement purposes pursuant to subsection 5 of section 407.934].

            2. No employee of a seller of cigarettes or tobacco products who is less than eighteen years of age shall effect a sale of cigarettes or tobacco products in the course of his or her employment.

            3. The provisions of this section shall not apply to an employee of the division of liquor control for enforcement purposes under subsection 5 of section 407.934.

            4. Any person less than eighteen years of age shall not misrepresent his or her age to purchase cigarettes or tobacco products.

            [3.] 5. Any person who violates the provisions of subsection 1 of this section shall be penalized as follows:

            (1) For the first violation, the person is guilty of an infraction and shall have any cigarettes or tobacco products confiscated;

            (2) For a second violation and any subsequent violations, the person is guilty of an infraction, shall have any cigarettes or tobacco products confiscated and shall complete a tobacco education or smoking cessation program, if available.

            6. Any seller of cigarettes or tobacco products who violates the provisions of subsection 2 of this section by an employee less than eighteen years of age attempting to effect or effecting a sale of cigarettes or tobacco products in the course of employment shall be assessed a fine of two hundred fifty dollars for a first violation and five hundred dollars for a second and any subsequent violation.

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