Chapter V · Business Regulations

ARTICLE 5. CIGARETTES AND TOBACCO PRODUCTS

Sections 5-501 to 5-508 · 8 sections

5-501 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)Cigarette — means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco; or a battery-powered device, whether or not such device is shaped like a cigarette, that can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.

(b)Consumer — means a person who comes into possession of cigarettes or cigarette papers for the purpose of consuming them, giving them away or disposing of them in any way other than by sale, barter or exchange.

(c)Retailer — means a person who comes into possession of cigarettes or cigarette papers for the purpose of selling them to consumers.

(K.S.A. 78-3301 et seq.; Code 1988, § 8-1001; Ord. 3433, § 1, 6-9-14; Code 2016, Sec. 18-201)

5-502 Penalty for violation of article.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

(Code 1988, § 8-1009; Code 2016, Sec. 18-202)

5-503 Retailer’s license.

It shall be unlawful for any person to sell at retail cigarettes within the city, without a retailer’s license obtained in the manner provided by the laws of the state.

(K.S.A. 79-3303 et seq.; Code 1988, § 8-1002; Code 2016, Sec. 18-203)

5-504 State tax stamps.

All cigarettes sold within the city under the provisions of this article shall be put up in packages, and on each package shall be affixed thereto a suitable stamp denoting payment of the state tax thereon.

Such stamp shall be in the form, and canceled, and otherwise in conformance with the requirements of the laws of the state relating thereto.

(K.S.A. 79-3311, 79-3312, 79-3321; Code 1988, § 8-1003; Code 2016, Sec. 18-204)

5-505 Possession if tax not paid.

Except as authorized by law, it shall be unlawful for any consumer to have in the consumer’s possession and to purchase cigarettes, within the city, upon which the tax provided by the laws of the state has not been paid.

(K.S.A. 79-3321(a); Code 1988, § 8-1004; Code 2016, Sec. 18-205)

5-506 Wholesalers to sell only to licensed retailers.

No person handling cigarettes or cigarette papers in a wholesale way within the city shall be permitted to sell cigarettes to any person not holding a state license to retail cigarettes, under the provisions of the laws of the state.

(Code 1988, § 8-1005; Code 2016, Sec. 18-206)

5-507 Sale by dispensing machine; responsibility of owner.

All persons owning or in possession of any premises having dispensing machines therein shall be responsible for preventing the use of such machines for the sale of such merchandise to minors, or any sale which is in violation of the laws of the state.

(Code 1988, § 8-1007; Code 2016, Sec. 18-207)

5-508 Duties of police.

The city police department may make periodic inspections of any such premises containing such vending machines to determine whether they are being used to make illegal sales. The chief of police may require the owner of such premises to move any such machine from any position where observation by the owner, the owner’s employees or by the police is difficult.

(Code 1988, § 8-1008; Code 2016, Sec. 18-208)