| 5. Any owner of the establishment where tobacco products are available for sale who violates subsection 3 of this section, in addition to the penalties established in subsection 4 of this section, shall be penalized in the following manner: (1) For the first violation per location within two years, a reprimand shall be issued by the division of liquor control; (2) For the second violation per location within two years, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a twenty-four-hour period; (3) For the third violation per location within two years, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a forty-eight-hour period; (4) For the fourth and any subsequent violations per location within two years, the division of liquor control shall issue a citation prohibiting the outlet from selling tobacco products for a five-day period. 6. Any owner of the establishment where tobacco products are available for sale who violates subsection 3 of this section shall not be penalized pursuant to this section if such person documents the following: (1) An in-house or other tobacco compliance employee training program was in place to provide the employee with information on the state and federal regulations regarding tobacco sales to minors. Such training program must be attended by all employees who sell tobacco products to the general public; (2) A signed statement by the employee stating that the employee has been trained and understands the state laws and federal regulations regarding the sale of tobacco to minors; and (3) Such in-house or other tobacco compliance training meets the minimum training criteria, which shall not exceed a total of ninety minutes in length, established by the division of liquor control. 7. The exemption in subsection 6 of this section shall not apply to any person who is considered the general owner or operator of the outlet where tobacco products are available for sale if: (1) Four or more violations per location of subsection 3 of this section occur within a one-year period; or (2) Such person knowingly violates or knowingly allows his or her employees to violate subsection 3 of this section. 8. If a sale is made by an employee of the owner of an establishment in violation of sections 407.925 to 407.934, the employee shall be guilty of an offense established in subsections 1, 2 and 3 of this section. If a vending machine is in violation of section 407.927, the owner of the establishment shall be guilty of an offense established in subsections 3 and 4 of this section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in subsections 3 and 4 of this section. 9. A person cited for selling, providing or distributing any tobacco product to any individual less than eighteen years of age in violation of subsection 1, 2 or 3 of this section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such individual was eighteen years of age or older. 10. Any person adversely affected by this section may file an appeal with the administrative hearing commission which shall be adjudicated pursuant to the procedures established in chapter 621, RSMo. |
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| SALES PERSONNEL POLICIES Hiring Practices When interviewing applicants, the following procedures are recommended: * Always inform applicants that your store puts a high importance on complying with youth-access-to-tobacco laws. The information should include company policies and the legal consequences of illegal sales to minors for clerks and permit holders. * Applicants should be screened for past violations of prohibitions on selling or supplying tobacco or other age-restricted products to minors to include: * Asking the applicant to identify any violations of sales-to-minors laws and checking the public records of sales-to-minors violations when such records are available. * Checking with other employers for whom the applicant sold or supervised the sale of tobacco to learn if the applicant complied with sales-to-minors laws. Training Before assuming any job duties that might include the sale of tobacco, an employee should receive comprehensive training in the laws and company policies on tobacco. At a minimum, the training should include the following components: * Review of the Federal, State, and local laws on youth access to tobacco. * The Retailer’s policies on youth access to tobacco. *Definition of tobacco products. * Laws and company policies on requiring identification, including the age that triggers ID verification and the acceptable forms of ID. * Verification of ID’s authenticity *The features of an ID that must be checked *How to tell if an ID might have been altered or is being misused * What an employee should do if an ID appears to be altered or misused * Prescribed methods and practical techniques for handling recurring situations. * Asking for ID * When and how to ask for a second ID * Declining to make a sale when the customer has no ID or when the ID shows the customer to be underage * Declining to make a sale because of concerns about whether the ID has been altered or is being misused * Recognizing and declining a potential third-party sale, including purchase attempts made with written parental permission or with the parent present in the parked vehicle * Declining to make a sale of smoking paraphernalia * Resisting customer pressure and handling a customer’s abusive conduct Retraining Employees who have responsibilities related to tobacco sales but are not new hires should receive additional training (recommended at least annually) to ensure they maintain the requisite knowledge, skill, and motivation. At a minimum, this training should include a review of the applicable laws and company’s written policies on sales to minors. On completion of this training, each employee should be required to sign an acknowledgement that he or she has read and understands the policy statements and other information provided. |