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O'Fallon, MO Business Licensing & Operations: Tobacco Retail License (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Retail sales tax license to sell tobacco
Underage sales
Banned to anyone under 18
Vending machines
Need lock-out device or adult supervision
Signage
Warning sign required at point of sale
Default penalty
Up to $500 fine, 90 days jail
Youth-sale fines
$25 / $100 / $250 escalating

Summary

O'Fallon Code Section 215.640 bars anyone from selling cigarettes or tobacco products in the city without a retail sales tax license, folding tobacco sales into the same license-first framework the City uses for youth-access rules, paraphernalia limits, and mandatory warning signage under Chapter 215's tobacco article.

No person shall sell cigarettes or tobacco products unless the person has a retail sales tax license.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4860992; v58 updated 2026-05-14; through 05-14-2026).

Full Breakdown

670, covers more than the license mandate. 610 to include any substance containing tobacco leaf, cigarettes, cigars, pipe tobacco, snuff, chewing and dipping tobacco, though it does not separately define vapor or e-cigarette products. 630 separately makes it an infraction for a minor to purchase, attempt to purchase, or possess tobacco, punishable by confiscation and, on a second offense, a mandatory tobacco-education or smoking-cessation program. 650, in red lettering at least half an inch tall, quoting the state law against underage sales and displaying a crossed-out cigarette pack marked Under 18, at every point of sale and on every vending machine.

635 confines on-site display, sale, or distribution of tobacco paraphernalia to dedicated retail tobacco stores, defined as outlets where more than 70% of sales volume is tobacco-related. 620(D): $25 for a first offense, $100 for a second, and $250 for a third or later offense. 010.

Violations & Fines

Selling tobacco products without the Section 215.640 retail sales tax license is not assigned its own fine, so it defaults to the City's general penalty under Section 100.010: up to $500 and up to 90 days in jail. Separately, selling or providing tobacco to a minor carries its own escalating schedule under Section 215.620(D), $25 for a first offense, $100 for a second, and $250 for a third or later offense.

Frequently Asked Questions

Do I need a special tobacco license to sell cigarettes in O'Fallon?
Yes. Section 215.640 requires a retail sales tax license before selling cigarettes or tobacco products in the City; it is the same retail sales tax license the City requires for taxable retail sales generally, not a separate stand-alone tobacco permit.
What's the penalty for selling tobacco without a license?
Section 215.640 does not set its own fine, so it falls under the City's general penalty provision, Section 100.010: a fine of up to $500, imprisonment of up to 90 days, or both, with repeat days of noncompliance charged separately.
Does O'Fallon require a warning sign at tobacco sales counters?
Yes. Section 215.650 requires every retail display and vending machine selling tobacco to post a sign with red lettering at least half an inch tall warning that sales to anyone under 18 violate state law, plus a crossed-out cigarette pack graphic marked Under 18.

Sources & Official References

Other rules in O'Fallon

All O'Fallon rules

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