PURCHASE, POSSESSION AND USE OF CERTAIN CAFFEINATED PRODUCTS BY MINORS

Oxford Code of Ordinances ch. 74, art. IV

in effect

Oxford Code of Ordinances § 74-91 Definitions.

Sec. 74-91. - Definitions. For the purposes of this article, the following words and phrases shall have the meaning ascribed in this section, unless the context clearly indicates otherwise: Caffeine product or caffeinated product means any caffeine pill or caffeine powder with more than 25 percent of caffeine. Dealer means every person, firm, corporation or association of persons, except retailers as defined herein, who receives the caffeine product from the manufacturer of caffeine pills or caffeine powder for distribution, for sale, for use, or for consumption in the State of Mississippi. Person means any natural person. Photographic identification means any government-issued card that includes a photograph of the person seeking to purchase caffeine products and that is accepted as proof of age under Mississippi law. Point of sale means a store, stand, or any other place of business or point of distribution maintained by a seller from which caffeine pills and caffeine powder are made available for sale or distribution to consumers. Retailer means and includes every company, corporation, partnership, business association, joint venture, estate, trust, or any other combination acting as a unit or legal entity other than a wholesale dealer as defined below, whose business is that of selling merchandise at retail, who shall sell or offer for sale a caffeine product to the consumer. Seller means any natural person, company, corporation, firm, partnership, organization or other legal entity who sells, dispenses, distributes or issues caffeine pills or caffeine powder for commercial purposes. Wholesaler means and includes dealers whose principal business is that of wholesale dealer or jobber, who is known to the retail trade as such, and whose place of business is located in Mississippi or in a state which affords reciprocity to wholesalers domiciled in Mississippi, who shall sell any taxable caffeine pill or caffeine powder to retail dealers only for the purpose of resale. (Ord. No. 2015-24, § 1, 9-15-2015)

Oxford Code of Ordinances § 74-92 Prohibition of sale to minors.

Sec. 74-92. - Prohibition of sale to minors. (a) It shall be unlawful for any person, or retailer, to sell, barter, deliver or give caffeine products to any individual under 18 years of age. (b) It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving caffeine products over the counter in a retail establishment to an individual under 18 years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least 18 years prior to selling such person a caffeine product. The failure of a seller, barterer, deliverer or giver of caffeine products over the counter in a retail establishment to request and examine photographic identification from a person under 18 years of age prior to the sale of a caffeine product to such person if the individual is not known to the seller, barterer, deliverer or giver of the caffeine product to be over the age of 18 years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section. (c) It shall be an absolute affirmative defense that the person or entity giving caffeine products through the mail to an individual under 18 years of age in violation of this act had requested and received documentary or written evidence from such person purportedly establishing his age to be at least 18 years of age. (d) Any person who violates this section shall be liable as follows: For a first conviction, a fine of $50.00; for a second conviction, a fine of $75.00; and for all subsequent convictions, a fine of $150.00 shall be imposed. (e) Any person, including, but not limited to, the owner and seller of the caffeine product, found in violation of this section shall be issued a citation by any proper law enforcement officer and the owner of the business shall be sent notification of this citation by registered mail by the law enforcement agency issuing the citation. Notification shall include the opportunity for hearing before the appropriate court. (f) It is the responsibility of the Oxford Police Department to ensure that the provisions of this act are enforced. (g) It shall not be considered a violation of this section on the part of any law enforcement officer or person under 18 years of age for any law enforcement officer to use persons under 18 years of age to purchase or attempt to purchase prohibited caffeine products for the purpose of monitoring compliance with this section, as long as those persons are supervised by duly authorized law enforcement agency officials. (Ord. No. 2015-24, § 2, 9-15-2015)

Oxford Code of Ordinances § 74-93 Retailer instructions to employees.

Sec. 74-93. - Retailer instructions to employees. (a) Every person engaged in the business of selling caffeine products shall notify each individual employed by that person as a retail sales clerk that City of Oxford Ordinances: (1) Prohibit the sale or distribution of certain caffeine products, including samples, to any person under 18 years of age and the purchase or receipt of such caffeine products by any person under 18 years of age, and (2) Require that proof of age be demanded from a prospective purchaser or recipient if the prospective purchaser or recipient is under the age of 18 years. Every person employed by a person engaged in the business of selling caffeine products at retail shall sign an agreement with his employer in substantially the following or similar form: "I understand that City of Oxford Ordinances prohibit the sale or distribution of certain caffeine products to persons under the age of eighteen (18) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under eighteen (18) years of age if the individual is not known to the seller, barterer, deliverer or giver of the prohibited caffeine product to be over the age of eighteen (18) years. I promise, as a condition of my employment, to observe this law." (b) Any person violating the provisions of this section shall be penalized not less than $50.00 nor more than $100.00. (c) No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees. (Ord. No. 2015-24, § 3, 9-15-2015)

Oxford Code of Ordinances § 74-94 Prohibition of purchase, use and possession.

Sec. 74-94. - Prohibition of purchase, use and possession. (a) No person under 18 years of age shall purchase any caffeine product prohibited by this article. No student of any high school, junior high school or elementary school shall possess or use caffeine products that are prohibited by this article on any educational property as defined in MCA 1972, § 97-37-17(a). (1) If a person under 18 years of age is found by a court to be in violation of this article, the court may order the minor to perform up to three hours of community service, in addition to any other punishment imposed by the court. (2) A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records. (b) (1) No person shall use any caffeine product on any educational property. Any adult who violates this section shall be subject to a fine and shall be liable as follows: (i) for a first conviction, a warning; (ii) for a second conviction, a fine of $75.00; and (iii) for all subsequent convictions, a fine not to exceed $150.00 shall be imposed. (2) Any adult found in violation of this section shall be issued a citation by a law enforcement officer, which citation shall include notice of the date, time and location for hearing before the City of Oxford Municipal Court. For the purposes of this section, "subsequent convictions" are for violations committed on any educational property within the State of Mississippi. (c) Anyone convicted under this article shall be recorded as being fined for a civil violation of this article. (Ord. No. 2015-24, § 4, 9-15-2015)

Oxford Code of Ordinances § 74-95 Point of sale warning.

Sec. 74-95. - Point of sale warning. (a) Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of prohibited caffeine products to consumers, a sign no smaller than eight and one-half by 11 inches or 93 square inches stating: "THE CITY OF OXFORD ORDINANCE PROHIBITS THE SALE OF CERTAIN CAFFEINE PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS. PROOF OF AGE REQUIRED." (b) Any person who violates this section shall be punished by a penalty of not more than $100.00. (Ord. No. 2015-24, § 5, 9-15-2015)

Oxford Code of Ordinances § 74-96 Penalty for falsely representing age.

Sec. 74-96. - Penalty for falsely representing age. Any person under the age of 18 years who falsely states he is 18 years of age or older, or presents any document that indicates he is 18 years of age or older, for the purpose of purchasing or possessing prohibited caffeine products shall be penalized not less than $25.00 nor more than $200.00 or required to complete at least eight hours of community service, or both. (Ord. No. 2015-24, § 6, 9-15-2015)

Oxford Code of Ordinances § 74-97 Vending sales.

Sec. 74-97. - Vending sales. It shall be unlawful for any person to sell caffeine products that are prohibited by this article through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of 18 years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than $250.00. (Ord. No. 2015-24, § 7, 9-15-2015)

Oxford Code of Ordinances § 74-98 Distribution.

Sec. 74-98. - Distribution. No retailer shall distribute caffeine products that are prohibited by this article other than in a sealed package provided by the manufacturer. A retailer who is in violation of this section shall be liable for a penalty of not more than $100.00 for the first violation not more than $200.00 for a second violation within one year of a prior violation; and a penalty of $300.00 for all subsequent violations. (Ord. No. 2015-24, § 8, 9-15-2015)

Oxford Code of Ordinances § 74-99 Confidentiality of minor information.

Sec. 74-99. - Confidentiality of minor information. It shall be unlawful to publish the name or identity of any person under the age of 18 years who is convicted or adjudicated of any violation of this article. (Ord. No. 2015-24, § 9, 9-15-2015)

Source: City of Oxford, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/oxford/codes/code_of_ordinances?nodeId=COOR_CH74OFMIPR_ARTIVPUPOUSCECAPRMIFetched: 11/1/2026