Missouri

Clean Indoor Air

Public Places

Smoking is restricted to designated areas in public places and public meetings, including: commercial or retail establishments; health care facilities as specified, any vehicle used for public transportation, including buses, taxicabs and limousines for hire; restrooms; elevators; libraries, educational facilities, day care facilities, museums, auditoria and art galleries; public areas and waiting rooms of public transportation facilities, including airport facilities; indoor places used for entertainment or recreation, including gymnasiums, theater lobbies, concert halls, arenas and swimming pools; and other enclosed areas used by the general public, including corridors and shopping malls. No more than 30 percent of the space of any public place may be designated as a smoking area. Areas not covered by this law are: 1) rooms or halls used for private social functions under control of the sponsor of the function; limousines and taxicabs where the driver and passengers agree to allow smoking; performers on stage, provided that smoking is part of the performance; tobacco retail stores; bars, taverns, restaurants that seat less than 50 people, bowling alleys and billiard parlors, which post signs saying “Nonsmoking Areas are Unavailable”; and indoor sports arenas/facilities seating more than 15,000 persons. Local political subdivisions or local boards of education may enact more stringent ordinances or rules.

MO. REV. STAT. §§ 191.765 to 191.777 (1992).

Government Buildings

Smoking is restricted to designated areas in all public buildings. A designated smoking area where state employees may smoke during the work day shall be provided by each state executive department and institution of higher education, provided an area can be adequately ventilated at minimum cost within the physical confines of each facility.

MO. REV. STAT. §§ 191.765 & 191.767 (1992).

Schools

Use of tobacco products is prohibited entirely in any indoor area of a public elementary or secondary school building or educational facility, excluding institutions of higher learning, and on buses used to transport students any place for educational purposes. School boards or school districts may set policies on the use of tobacco products on school grounds or in facilities not occupied by students.

MO. REV. STAT. § 191.775 (1993).

In educational facilities not covered above, smoking is restricted to designated areas.

MO. REV. STAT. §§ 191.765 & 191.767 (1992).

Child Care Centers

Smoking, and the use of other tobacco products, is prohibited in licensed day care facilities during their hours of operation. “Child care facility”, is defined as a house or other place conducted or maintained by any person who advertises or holds himself out as providing care for more than four children during the daytime, for compensation or otherwise with specified exceptions.

MO. REV. STAT. §§ 191.776 (1993) & 210.201 (2004).

Health Facilities

Smoking is restricted to designated areas in health care facilities, health clinics or ambulatory care facilities including, but not limited to, laboratories associated with health care treatment, hospitals, nursing homes, physicians’ offices and dentists’ offices.

MO. REV.STAT. §§ 191.765 & 191.767 (1992).

Restaurants

Restaurants: The person in charge of a restaurant seating 50 or more people shall designate an area of sufficient size to accommodate usual customer demand for non-smoking areas. Restaurants seating less than 50 people are exempt from any restrictions on smoking as long as they post signs saying “Nonsmoking Areas are Unavailable.”

MO. REV. STAT. §§ 191.765 to 191.769 (1992).

Bars: Smoking is allowed in bars and taverns as long as they post signs saying “Nonsmoking Areas are Unavailable.” Bars and taverns are defined as establishments licensed to serve liquor that make no more than 10 percent of their sales from food.

MO. REV. STAT. §§ 191.765 to 191.769 (1992).

Penalties/Enforcement

The person having custody or control of a public place or public meeting shall: 1) post appropriate signs indicating no-smoking or smoking area and arrange seating accordingly; 2) arrange seating and utilize available ventilation systems and physical barriers to isolate designated smoking areas; 3) make a reasonable request of persons smoking to move to a designated smoking area; and 4) allow smoking in designated areas of theater lobbies only. Persons who smoke in a nonsmoking area or proprietors who allow persons to smoke in those areas where smoking is prohibited are guilty of an infraction.

MO. REV. STAT. §§ 191.765 to 191.777 (1992).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 17 cents

Date last changed: August 28, 1993 — from 13 cents to 17 cents

Year first enacted: 1955

MO. REV. STAT. § 149.015 (1993).

The revenue generated by four cents of the cigarette tax imposed effective October 1, 1993 shall be deposited in the Health Initiatives Fund. When and if the general assembly appropriates an amount equal to 25 percent of the net federal reimbursement allowance to the Health Initiatives Fund, this portion of the cigarette tax sunsets.

MO. REV. STAT. § 149.015 (2002).

The revenue generated by four cents of the cigarette tax imposed effective August 13, 1982 shall be placed in a separate fund entitled “The Fair Share Fund”. Moneys in the fund shall be distributed to the schools in this state on an average daily attendance basis.

MO. REV. STAT. § 149.015(7) (2002).

Other Tobacco Products

All other tobacco products: 10% of the manufacturer’s invoice price.

MO. REV. STAT. § 149.160 (1993).

All revenue is deposited in the Health Initiatives Fund. The other tobacco products tax will sunset on July 1st following when and if the general assembly appropriates an amount equal to 25 percent of the net federal reimbursement allowance to the Health Initiatives Fund.

MO. REV. STAT. § 149.160 (1993).

Revenue Collected

$96,970,000

Youth Access

Compliance/Enforcement

The Division of Liquor 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 17 years of age, with parental consent, to attempt to purchase tobacco for the purpose of inspection or enforcement of tobacco laws. The Supervisor of the Division of Liquor Control shall establish mandatory guidelines for the use of minors in investigations by a state, county, municipal or other local law enforcement authority. See the specified statute for details about the mandatory guidelines. 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, the supervisor shall not take any disciplinary action against the establishment or seller 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.

MO. REV. STAT. §§ 407.924 & 407.934 (2001).

Photo ID: A person or entity selling tobacco products or rolling papers or distributing tobacco product samples shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of 18. “Proof of age” means a driver’s license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.

MO. REV. STAT. § 407.929 (2001).

Penalties for Sales to Minors

It shall be unlawful for any person to sell, provide or distribute tobacco products or rolling papers to persons under 18 years of age. This shall not apply to the distribution by family members on property that is not open to the public. Violation by any person, including but not limited to a sales clerk, owner or operator shall be subject to a fine of $25 for a first offense, $100 for the second offense and $250 for a third and subsequent offenses. Any owner of the establishment who violates this law, in addition to the penalties above, shall be issued a reprimand for the first violation within two years; shall be prohibited from selling tobacco products for 24 hours for a second violation within two years; shall be prohibited from selling tobacco products for 48 hours for a third violation within two years; and shall be prohibited from selling tobacco products for five days for a fourth and subsequent violation within two years. Owners shall be exempt from the above penalties if they have an employee compliance training program subject to specific guidelines. This exemption will not apply to owners who have four or more violations per location within a two year period or knowingly violate the law. It is an affirmative defense if the person accused reasonably relied on proof of age purporting to establish the person as 18 years of age or older.

MO. REV. STAT. § 407.931 (2001).

Penalties to Minors

No person less than 18 years of age shall purchase, attempt to purchase cigarettes or other tobacco products unless as part of an employment obligation or for enforcement purposes. Any person less than 18 years of age shall not misrepresent their age to purchase cigarettes or tobacco products. A person who violates this law is guilty of an infraction and shall have any cigarettes or tobacco products confiscated. For a second violation the person shall also complete a tobacco education or smoking cessation program, if available.

MO. REV. STAT. § 407.933 (2001).

Placement of Tobacco Products

No person or entity shall sell individual packs of cigarettes or smokeless tobacco products unless they are displayed behind the check-out counter or are within the unobstructed line of sight of the sales clerk or store attendant from the checkout counter.

MO. REV. STAT. § 407.928 (2001).

Sign Posting

Signs shall be conspicuously displayed at every display from which tobacco products are sold stating “IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD OR OTHERWISE PROVIDED TO ANY PERSON UNDER THE AGE OF 18 OR FOR SUCH PERSON TO PURCHASE, ATTEMPT TO PURCHASE OR POSSESS CIGARETTES OR OTHER TOBACCO PRODUCTS” and shall include a depiction of a pack of cigarettes defaced by a red diagonal diameter of a surrounding red circle, and the words “UNDER 18”. Violators shall be fined $25 for the first offense, $100 for a second offense and $250 for subsequent offenses.

MO. REV. STAT. §§ 407.927 & 407.931 (2001).

Other Provisions

Internet Sales: Any person or entity who sells or distributes tobacco products by mail or through the Internet to minors shall be assessed a fine of $250 for the first violation and $500 for each subsequent violation.

MO. REV. STAT. § 407.926 (2001)

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

Distribution of tobacco products and rolling papers to minors is prohibited. This subsection shall not apply to the distribution by family members on property that is not open to the public. Violators shall be fined $25 for the first offense, $100 for a second offense and $250 for subsequent offenses. In addition, the owner shall be prohibited from selling tobacco products for a specific number of days for multiple violations. If an employee of a company conducting the sampling distributes a sample, such employee shall be guilty of an offense and responsible for the fine.

MO. REV. STAT. § 407.931 (2001).

Single Cigarettes

No person or entity shall sell, provide or distribute any individual cigarettes to any person in this state. Violators shall be fined $25 for the first offense, $100 for a second offense and $250 for subsequent offenses. In addition, the owner shall be prohibited from selling tobacco products for a specific number of days for multiple violations.

MO REV. STAT. § 407.931 (2001).

It is unlawful for any person to sell or distribute in this state any cigarettes that do not comply with all requirements imposed by or pursuant to federal law and implementing regulations, including but not limited to the permanent imprinting on the primary packaging of the precise package warning labels in the precise format specified in Section Four of the Federal Cigarette Labeling and Advertising Act. Violation is a Class D felony.

MO. REV. STAT. § 149.200 (2002).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Tobacco product vending machines shall be located within the unobstructed line of sight and under the direct supervision of an adult responsible for preventing persons under 18 years old from purchasing any tobacco product or shall be equipped with a lock-out device to prevent the machine from being operated until the person responsible for monitoring sales from the machines disables the lock. Such locking devices shall be of a design that prevents them from being left in an unlocked condition and which will allow only a single sale when activated. A locking device shall not be required in machines located in areas where persons under 18 years old are not permitted or prohibited by law. This law shall not apply to a vending machine if located in a factory, private club or other location not generally accessible to the general public.

MO. REV. STAT. § 407.931 (2001).

Penalty

Any person whose vending machine is not in compliance with the placement provisions above is subject to a fine of $25 for a first offense, $100 for a second offense and $250 for a third and subsequent offenses.

MO. REV. STAT. § 407.931 (2001).

Sign Posting

Signs shall be conspicuously posted on every vending machine where tobacco products are purchased stating “IT IS A VIOLATION OF STATE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD OR OTHERWISE PROVIDED TO ANY PERSON UNDER THE AGE OF 18 OR FOR SUCH PERSON TO PURCHASE, ATTEMPT TO PURCHASE OR POSSESS CIGARETTES OR OTHER TOBACCO PRODUCTS” and shall include a depiction of a pack of cigarettes defaced by a red diagonal diameter of a surrounding red circle, and the words “UNDER 18”. Violators shall be fined $25 for the first offense, $100 for a second offense and $250 for subsequent offenses.

MO. REV. STAT. §§ 407.927 & 407.931 (2001).

Licensing Requirements

Requirements

Wholesalers must obtain a license from the Director of the Department of Revenue to sell cigarettes or tobacco products, on or before February 15th of every year.

MO. REV. STAT. § 149.035 (1993).

No person shall sell cigarettes or tobacco products unless the person has a retail sales tax license. 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 themselves as a seller of tobacco products and to provide a list of all locations where the applicant sells such products.

MO. REV. STAT. § 407.934 (2001).

Fee

Wholesaler’s License: $100 each year.

Retail Sales Tax License: No fee

MO. REV. STAT. §§ 149.035 (1993) & 144.083 (2004).

License Suspension for Sales to Minors

The owner of an establishment who sells, provides or distributes a tobacco product to a minor shall be prohibited from selling tobacco products for 24 hours for a second violation, for 48 hours for a third violation and five days for a fourth and subsequent violations within two years.

MO. REV. STAT. § 407.931 (2001).

Smoker Protection Laws

It shall be an improper employment practice for an employer to refuse to hire, to discharge, or to otherwise disadvantage any individual with respect to compensation, terms or conditions of employment because the individual uses lawful tobacco products off the premises of the employer during hours such individual is not working for the employer, unless such use interferes with the duties and performance of the employee, the employee’s coworkers, or overall business operation; except that, nothing in this section shall prohibit an employer from providing or contracting for health insurance benefits at a reduced premium rate for employees who do not smoke or use tobacco products. Religious organizations and nonprofit health promotion organizations are exempt from this section. The provisions of this section shall not be deemed to create a cause of action for injunctive relief, damages or other relief.

MO. REV. STAT. § 290.145 (2005).

Tobacco Liability

Industry Protection

The total appeal bond or equivalent surety required to appeal a lawsuit judgment for a signatory, a successor of a signatory, or an affiliate of a signatory to the Master Settlement Agreement shall be set at $50 million, regardless of the value of the judgment. If the appellee proves by a preponderance of the evidence that a party bringing an appeal or seeking a stay is purposefully dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding ultimate payment of the judgment, the limitation granted may be rescinded and the court may enter such orders as are necessary to prevent dissipation or diversion of the assets.

MO. REV. STAT. § 512.085 (2003).

Tobacco Settlement

Tobacco Control Appropriations

Missouri appropriated $1,700,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual Master Settlement Agreement payment. $200,000 was appropriated in FY2008.

FY2009 Department of Health and Senior Services Budget (H.B. 2010) enacted 6/27/08 and effective 7/1/08.

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