EBT restrictions (Missouri)

Ms. Nason:

I am responding on behalf of the Custodian of Records for the Department of Social Services (DSS) to your information request, which was received April 25, 2017. This response is being submitted within the three-day period required by the Sunshine Law, § 610.010 et seq., RSMo.

Your request was for:

-Specific foods, products, or services that cannot be purchased using EBT cards
-Types of establishments that do not accept EBT cards (for example, jewelry stores, firearms dealers, etc.)

The answers to these questions can be found on DSS' website in the middle of the page at:

https://mydss.mo.gov/food-assistance/ebt

Please let me know if this does not answer your questions or if you desire more information.

Best Regards,
Margaret (Peggy) Landwehr
Special Counsel
Administration
Division of Legal Services
Department of Social Services
PO Box 1527
Jefferson City, MO 65102-1527
(573) 526-0414 (Phone)
(573) 522-6092 (Fax)

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Ms. Nason,

As you probably know, public assistance benefits on EBT cards can come from either the food stamp program or the Temporary Assistance for Needy Families (TANF) program. Regarding food stamp benefits on EBT cards, as a practical matter, those cannot be used at adult entertainment locations because those establishments would not qualify to have an EBT card reader placed there. Further, regarding both food stamp and TANF benefits on EBT cards, the prohibition against their use in adult entertainment locations is set forth in section 208.024 of the Revised Statutes of Missouri, which I have provided below for your convenience. As you can see, this statute does not formally define the terms you inquired about either, but it does specify liquor stores, casinos, gambling casinos, gaming establishments, retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any place for the purchase of alcoholic beverages, lottery tickets, or tobacco products as being illustrative of that group.

I hope this information is of assistance to you and, if you have any further questions, please let me know at your convenience.

Thank you,
Scotty L. Allen
Department Privacy and Security Officer
Missouri Department of Social Services

208.024. 1. Eligible recipients of temporary assistance for needy families (TANF) or supplementary nutrition assistance program (SNAP) benefits shall not use such funds in any electronic benefit transfer transaction in any liquor store, casino, gambling casino, or gaming establishment, any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any place for the purchase of alcoholic beverages, lottery tickets, or tobacco products or for any item the department determines by rule is primarily marketed for or used by adults eighteen or older and is not in the best interests of the child or household. An eligible recipient of TANF or SNAP assistance who makes a purchase in violation of this section shall reimburse the department of social services for such purchase.

2. An individual, store owner or proprietor of an establishment shall not knowingly accept TANF cash assistance or supplementary nutrition assistance program (SNAP) funds held on electronic benefit transfer cards for the purchase of alcoholic beverages, lottery tickets, or tobacco products or for use in any electronic benefit transfer transaction in any liquor store, casino, gambling casino, or gaming establishment, any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, or in any place for the purchase of alcoholic beverages, lottery tickets, or tobacco products or for any item the department determines by rule is primarily marketed for or used by adults eighteen or older and is not in the best interests of the child or household. No store owner or proprietor of any liquor store, casino, gambling casino, gaming establishment, or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment shall adopt any policy, either explicitly or implicitly, which encourages, permits, or acquiesces in its employees knowingly accepting electronic benefit transfer cards in violation of this section. This section shall not be construed to require any store owner or proprietor of an establishment which is not a liquor store, casino, gambling casino, gaming establishment, or retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment to check the source of payment from every individual who purchases alcoholic beverages, lottery tickets, tobacco products, or any item the department determines by rule is primarily marketed for or used by adults eighteen or older and is not in the best interests of the child or household. An individual, store owner or proprietor of an establishment who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by a fine of not more than five hundred dollars for the first offense, a fine of not less than five hundred dollars nor more than one thousand dollars for the second offense, and a fine of not less than one thousand dollars for the third or subsequent offense.

3. Any recipient of TANF or SNAP benefits who does not make at least one electronic benefit transfer transaction within the state for a period of ninety days shall have his or her benefit payments to the electronic benefit account temporarily suspended, pending an investigation by the department of social services to determine if the recipient is no longer a Missouri resident. If the department finds that the recipient is no longer a Missouri resident, it shall close the recipient's case. Closure of a recipient's case shall trigger the automated benefit eligibility process under section 208.238<http://www.moga.mo.gov/mostatutes/stathtml/20800002381.html>. A recipient may appeal the closure of his or her case to the director under section 208.080<http://www.moga.mo.gov/mostatutes/stathtml/20800000801.html>.

4. A recipient who does not make an electronic benefit transfer transaction within the state for a period of sixty days shall be provided notice of the possibility of the suspension of funds if no electronic benefit transfer transaction occurs in the state within another thirty days after the date of the notice.

5. For purposes of this section:

(1) The following terms shall mean:

(a) "Electronic benefit transfer transaction", the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service; and

(b) "Liquor store", any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods as outlined under the Food and Nutrition Act of 2008;

(2) Casinos, gambling casinos, or gaming establishments shall not include:

(a) A grocery store which sells groceries including staple foods, and which also offers, or is located within the same building or complex as a casino, gambling, or gaming activities; or

(b) Any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.