(a) There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Wamego, Kansas, that certain code known as the “2023 Uniform Public Offense Code for Kansas Cities, 39th Edition” prepared and published by the League of Kansas Municipalities, Topeka, Kansas. No fewer than three copies of said Uniform Public Offense Code shall be marked or stamped “Official Copy as Adopted by Ord. 1794”, and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
(b) The following amendments to the Uniform Public Offense Code so incorporated under division (a) above shall be in effect, and such amendments shall be clearly marked in all Official Copies prescribed under division (a) above. Section 5.7, to read as follows:
Sec. 5.7. Selling, Giving Or Furnishing Cigarettes Or Tobacco Products to a Person Under 21 Years of Age.
(a) It shall be unlawful for any person to:
(1) Sell, furnish or distribute cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age; or
(2) Buy any cigarettes, electronic cigarettes, or tobacco products for any person under 21 years of age.
(b) It shall be a defense to a prosecution under this section if:
(1) The defendant is a licensed retail dealer, or employee thereof, or a person authorized by law to distribute samples;
(2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person under 21 years of age with reasonable cause to believe the person was of legal age to purchase or receive cigarettes, electronic cigarettes or tobacco products; and
(3) To purchase or receive the cigarettes, electronic cigarettes, or tobacco products, the person under 21 years of age exhibited to the defendant a driver’s license, Kansas non- driver’s identification card or other official or apparently official document containing a photograph of the person and purporting to establish that the person was of legal age to purchase or receive cigarettes, electronic cigarettes, or tobacco products.
(4) For purposes of this section the person who violates this section shall be the individual directly selling, furnishing or distributing the cigarettes, electronic cigarettes, or tobacco products to any person under 21 years of age or the retail dealer who has actual knowledge of such selling, furnishing or distributing by such individual or both.
(c) It shall be a defense to a prosecution under this division (c) if:
(1) The defendant engages in the lawful sale, furnishing or distribution of cigarettes, electronic cigarettes, or tobacco products by mail; and
(2) The defendant sold, furnished or distributed the cigarettes, electronic cigarettes, or tobacco products to the person by mail only after the person had provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601 and amendments thereto, that the person was 21 or more years of age.
(d) As used in this section, sale means any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration.
(K.S.A. 79-3302, 79-3321 through 79-3322)
(e) Violation of this section shall constitute a Class B violation punishable by a minimum fine of $200.
(Ord. 1794, passed 9-19-2023)