Section 407.929

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 10 Oct 2014, 2 histories, see footnote   

  *407.929.  Proof of age required, when — defense to action for violation is reasonable reliance on proof — liability. — 1.  A person or entity selling tobacco products, alternative nicotine products, or vapor products or rolling papers or distributing tobacco product, alternative nicotine product, or vapor 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 eighteen.

  2.  The operator's or chauffeur's license issued pursuant to the provisions of section 302.177, or the operator's or chauffeur's license issued pursuant to the laws of any state or possession of the United States to residents of those states or possessions, or an identification card as provided for in section 302.181, or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any agent of the division of liquor control or any owner or employee of an establishment that sells tobacco, alternative nicotine products, or vapor products, for the purpose of aiding the registrant, agent or employee to determine whether or not the person is at least eighteen years of age when such person desires to purchase or possess tobacco products, alternative nicotine products, or vapor products procured from a registrant.  Upon such presentation, the owner or employee of the establishment shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.

  3.  Any person who shall, without authorization from the department of revenue, reproduce, alter, modify or misrepresent any chauffeur's license, motor vehicle operator's license or identification card shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars, and confinement for not more than one year, or by both such fine and imprisonment.

  4.  Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of subsections 1, 2 and 3 of section 407.931.  No person shall be liable for more than one violation of subsections 2 and 3 of section 407.931 on any single day.

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(L. 1992 S.B. 509, et al. §§ 11, 13, A.L. 2001 H.B. 381, A.L. 2014 S.B. 841)

*Effective 10-10-14, see § 21.250.  S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.