(A) Except as otherwise provided by Ohio R.C. 2927.02(D) and (E), no manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or tobacco product paraphernalia or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or tobacco product paraphernalia shall do any of the following:
(1) Give, sell, or otherwise distribute cigarettes, other tobacco products, or tobacco product paraphernalia to any person under 21 years of age; or
(2) Give away, sell, or distribute cigarettes, other tobacco products, or tobacco product paraphernalia in any place that does not have posted in a conspicuous place sign stating that giving, selling or otherwise distributing cigarettes or other tobacco products to a person under 21years of age is prohibited by law.
(B) No person shall sell or offer to sell cigarettes, tobacco products, or tobacco product paraphernalia by or from a vending machine except in the following locations:
(1) An area either:
(a) Within a factory, business office, or other place not open to the general public; or
(b) To which persons under the age of 21 years are not generally permitted access.
(2) In any other place not identified in division (B)(1) of this section, upon all of the following conditions:
(a) The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person, so that all purchases of cigarettes, tobacco products, or tobacco product paraphernalia from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered located within the immediately vicinity, plain view, and control of the person who owns or operates the place or an employee of such person; or
(b) The vending machine is inaccessible to the public when the place is closed.
(C) As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Ohio R.C. 2913.01.
(D) Whoever violates this section shall be subject to a civil penalty for illegal distribution of cigarettes, tobacco products, or tobacco product paraphernalia. Whoever violates this section shall not be subject to a fine for a first violation. A civil fine of $500 will be issued for a second violation of this section. A civil fine of $1,000 will be issued for all subsequent violations.
(E) All fines collected by the County Combined General Health District pursuant to this section shall be utilized for efforts to prevent smoking initiation by persons under the age of 21 or for efforts to promote smoking cessation, including supports for those who will no longer be able to purchase cigarettes or other tobacco products pursuant to this section.
(F) Notwithstanding any other provision of this title, enforcement authority of this section shall rest with the County Combined General Health District pursuant to Ohio R.C. 3709.281. Enforcement of this chapter, including the issuance of penalties, shall only be undertaken following the adoption of regulations by the County Combined General Health District relating to the enforcement of this chapter.
(Ord. 22-2020, passed 3-9-2020)