636.17 ABUSING FAMILY.

   No person shall abuse or threaten his family or household or any member thereof.

(Ord. 1973-105.  Passed 9-17-73.)

636.18 DOMESTIC VIOLENCE.

   (a)   No person shall knowingly cause or attempt to cause physical harm to a family or household member.

   (b)   No person shall recklessly cause serious physical harm to a family or household member.

   (c)   No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

   (d)   As used in this section:

      (1)   "Family or household member" means any of the following:

         A.   Any of the following who is residing or has resided with the offender:

            1.   A spouse, a person living as a spouse or a former spouse of the offender;

            2.   A parent, a foster parent or a child of the offender, or another person related by consanguinity or affinity to the offender;

            3.   A parent, or a child of a spouse, person living as a spouse, or former spouse of the offender; or another person related by consanguinity or affinity to a spouse, person living as a spouse or former spouse of the offender.

         B.   The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

      (2)   "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.

   (e)   Whoever violates this section is guilty of domestic violence.  Except as otherwise provided in this subsection, a violation of subsection (c) of this section is a misdemeanor of the fourth degree and a violation of subsection (a) or (b) of this section is a misdemeanor of the first degree.  If the offender previously has pleaded guilty to or been convicted of domestic violence, of a violation of a municipal ordinance that is substantially similar to domestic violence, of a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211 or 2919.22 involving a person who was a family or household member at the time of the violation, or of a violation of a municipal ordinance, a law of the United States or of any other state, or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to one of those sections involving a person who was a family or household member at the time of the violation, a violation of subsection (a) or (b) of this section is a felony and shall be prosecuted under appropriate State law and a violation of subsection (c) hereof is a misdemeanor of the third degree.  (ORC 2919.25)

   (f)   Notwithstanding any provision of law to the contrary, no court or unit of local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or in connection with the prosecution of any charges so filed.

   (g)   The same relief available under the Ohio Revised Code for filing a complaint for violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this section.

636.185 TEMPORARY PROTECTION ORDER.

   (a)   No person shall recklessly violate the terms of any of the following:

      (1)   A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31;

      (2)   A protection order issued pursuant to Ohio R.C. 2151.34, 2903.213 or 2903.214;

      (3)   A protection order issued by a court of another state.

   (b)   (1)   Whoever violates this section is guilty of violating a protection order.

      (2)   Except as otherwise provided in subsection (b)(3) of this section, violating a protection order is a misdemeanor of the first degree.

      (3)   Violating a protection order is a felony and shall be prosecuted under State law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:

         A.   A violation of a protection order issued or consent agreement approved pursuant to Ohio R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31;

         B.   Two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 or any combination of those offenses that involved the same person who is the subject of the protection order or consent agreement;

         C.   One or more violations of this section.

      (4)   If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony and shall be prosecuted under appropriate state law.

      (5)   If the protection order violated by the offender was an order issued pursuant to Ohio R.C. 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court.  If the court requires under this subsection that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device. If the court determines that the offender is indigent and subject to the maximum amount allowable and the rules promulgated by the Attorney General under Ohio R.C. 2903.214, the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to Ohio R.C. 2743.191.  The total amount paid from the reparations fund created pursuant to Ohio R.C. 2743.191 for electronic monitoring under this section and Ohio R.C. 2151.34 and 2903.214 shall not exceed three hundred thousand dollars per year.

   (c)   It is an affirmative defense to a charge under subsection (a)(3) of this section that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).

   (d)   In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.

   (e)   As used in this section, “protection order issued by a court of another state” means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.  “Protection order issued by a court of another state” does not include an order for support or for custody of a child.  (ORC 2919.27)

636.19 SAFETY OF CROWDS ATTENDING LIVE ENTERTAINMENT PERFORMANCES.

   (a)    As used in this section:

      (1)    "Live entertainment performance" means any live speech; any live musical performance, including a concert; any live dramatic performance; any live variety show; and any other live performance with respect to which the primary intent of the audience can be construed to be viewing the performers. A "live entertainment performance" does not include any form of entertainment with respect to which the person purchasing a ticket routinely participates in amusements as well as views performers.

      (2)    "Restricted entertainment area" means any wholly or partially enclosed area, whether indoors or outdoors, that has limited access through established entrances or established turnstyles or similar devices.

      (3)    "Concert" means a musical performance of which the primary component is a presentation by persons singing or playing musical instruments, that is intended by its sponsors mainly, but not necessarily exclusively, for the listening enjoyment of the audience, and that is held in a facility. A "concert" does not include any performance in which music is a part of the presentation and the primary component of which is acting, dancing, a motion picture, a demonstration of skills or talent other than singing or playing an instrument, an athletic event, an exhibition or a speech.

      (4)    "Facility" means any structure that has a roof or partial roof and that has walls that wholly surround the area on all sides, including, but not limited to, a stadium, hall, arena, armory, auditorium, ballroom, exhibition hall, convention center or music hall.

      (5)    "Person" includes, in addition to an individual or entity specified in Ohio R.C. 1.59(C), any governmental entity.

   (b)    No person shall sell, offer to sell, or offer in return for a donation, any ticket that is not numbered and that does not correspond to a specific seat for admission to either of the following:

      (1)    A live entertainment performance that is not exempted under subsection (e) hereof, that is held in a restricted entertainment area, and for which more than 8,000 tickets are offered to the public;

      (2)    A concert that is not exempted under subsection (e) hereof and for which more than 3,000 tickets are offered to the public.

   (c)    No person shall advertise any live entertainment performance as described in paragraph (b)(l) hereof or any concert as described in paragraph (b)(2) hereof, unless the advertisement contains the words "reserved seats only. "

   (d)    Unless exempted by subsection (e) hereof, no person who owns or operates any restricted entertainment area shall fail to open, maintain and properly staff at least the number of entrances designated under subsections (i) and (j) hereof for a minimum of ninety minutes prior to the scheduled start of any live entertainment performance that is held in the restricted entertainment area and for which more than 3,000 tickets are sold, offered for sale or offered in return for a donation.

   (e)    A live entertainment performance, other than a concert, is exempted from the provisions of subsections (b), (c) and (d) hereof if both of the following apply:

      (1)    The restricted entertainment area in which the performance is held has at least eight entrances or, if both entrances and separate admission turnstyles or similar devices are used, has at least eight turnstyles or similar devices.

      (2)    The eight entrances or, if applicable, the eight turnstyles or similar devices, are opened, maintained and properly staffed at least one hour prior to the scheduled start of the performance.

   (f)   The officer responsible for public safety in the Municipality may, upon application of the sponsor of a concert covered by subsections (b) and (c) hereof, exempt the concert from the provisions of such subsections if such officer finds that the health, safety and welfare of the participants and spectators would not be substantially affected by failure to comply with the provisions of such subsections.

   In determining whether to grant an exemption, the officer shall consider the following factors:

      (1)    The size and design of the facility in which the concert is scheduled;

      (2)    The size, age and anticipated conduct of the crowd expected to attend the concert;

      (3)    The ability of the sponsor to manage and control the expected crowd.

   If the sponsor of any concert desires to obtain an exemption under subsections (e) through (h) hereof, the sponsor shall apply to the appropriate official on a form prescribed by that official. The official shall issue an order that grants or denies the exemption within five days after receipt of the application. The sponsor may appeal any order that denies an exemption to the Court of Common Pleas of the county in which the facility is located.

   (g)    If an official grants an exemption under subsection (f) hereof, the official shall designate an on-duty law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

   (h)    Notwithstanding subsections (f) and (g) hereof, in the case of a concert held in a facility located on the campus of an educational institution covered by Ohio R.C. 3345.04, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall do both of the following:

      (1)    Exercise the authority to grant exemptions provided by subsection (f) hereof  in lieu of an official designated in that subsection;

      (2)    If the officer grants an exemption under paragraph (h)(l) hereof, designate an on-duty State university law enforcement officer to be present at the concert. The designated officer has authority to issue orders to all security personnel at the concert to protect the health, safety and welfare of the participants and spectators.

   (i)    Unless a live entertainment performance is exempted by subsection (e) hereof, the officer responsible for public safety within the Municipality shall designate, for purposes of subsection (d) hereof, the minimum number of entrances required to be opened, maintained and staffed at each live entertainment performance so as to permit crowd control and reduce congestion at the entrances. The designation shall be based on such factors as the size and nature of the crowd expected to attend the live entertainment performance, the length of time prior to the live entertainment performance that crowds are expected to congregate at the entrances and the amount of security provided at the restricted entertainment area.

   (j)    Notwithstanding subsection (i) hereof, a State university law enforcement officer appointed pursuant to Ohio R.C. 3345.04 and 3345.21 shall designate the number of entrances required to be opened, maintained and staffed in the case of a live entertainment performance that is held at a restricted entertainment area located on the campus of an educational institution covered by Ohio R.C. 3345.04.

   (k)    No person shall enter into any contract for a live entertainment performance that does not permit or require compliance with this section.

   (1)    This section does not apply to a live entertainment performance held in a restricted entertainment area if one admission ticket entitles the holder to view or participate in three or more different games, rides, activities or live entertainment performances occurring simultaneously at different sites within the restricted entertainment area and if the initial admittance entrance to the restricted entertainment area, for which the ticket is required, is separate from the entrance to any specific live entertainment performance and an additional ticket is not required for admission to the particular live entertainment performance.

   (m)    This section does not apply to a symphony orchestra performance, a ballet performance, horse races, dances or fairs.

   (n)    This section does not prohibit Council from imposing additional requirements, not in conflict with this section, for the promotion or holding of live entertainment performances.

   (o)    If any individual suffers physical harm to his or her person as a result of a violation of or noncompliance with this section, the sentencing court shall consider this factor in favor of imposing a term of imprisonment upon the offender.

(ORC 2917.40)

636.20 HAZING.

   (a)    As used in this section, "hazing" means doing any act, or coercing another, including the victim, to do any act, of initiation into any student or other organization, which act causes or creates a substantial risk of causing mental or physical harm to any person.

   (b)    No person shall recklessly participate in the hazing of another.

   (c)    No administrator, employee or faculty member of any primary, secondary or post-secondary school, or of any other educational institution, public or private, shall recklessly permit the hazing of any person. (ORC 2903.31)

   (d)    Any person who is subjected to hazing, as defined in subsection (a) hereof, may commence a civil action for injury or damages, including mental and physical pain and suffering, that result from the hazing. The action may be brought against any participants in the hazing, any organization whose local or national directors, trustees or officers authorized, requested, commanded or tolerated the hazing, and any local or national director, trustee or officer of the organization who authorized, requested, commanded or tolerated the hazing. If the hazing involves students in a primary, secondary or post-secondary school, university, college or any other educational institution, an action may also be brought against any administrator, employee or faculty member of the school, university, college or other educational institution who knew or reasonably should have known of the hazing and who did not make reasonable attempts to prevent it and against the school, university, college or other educational institution. If an administrator, employee or faculty member is found liable in a civil action for hazing, then notwithstanding Ohio R.C. Chapter 2743, the school, university, college or other educational institution that employed the administrator, employee or faculty member may also be held liable.

   The negligence or consent of the plaintiff or any assumption of the risk by the plaintiff is not a defense to an action brought pursuant to this section. In an action against a school, university, college or other educational institution, it is an affirmative defense that the school, university, college or other institution was actively enforcing a policy against hazing at the time the cause of action arose. (ORC 2307.44)

   (e)    The penalty provided for in Section 698.02 shall be in addition to the civil remedy provided for in subsection (d) hereof.

636.21 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR ALTERNATE NICOTINE PRODUCTS; TRANSACTION SCANS.

   (a)   Illegal Distribution of Cigarettes, Other Tobacco Products, or Alternative Nicotine Products.

      (1)   As used in this section:

         A.   “Age verification.” A service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one years of age or older.

         B.   “Alternative nicotine product.”

            1.   Subject to subsection (a)(1)B.2. of this section, an electronic smoking device, vapor product, or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.

            2.   The phrase does not include any of the following:

               a.   Any cigarette or other tobacco product;

               b.   Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1);

               c.   Any product that is a “device” as that term is defined in 21 U.S.C. 321(h);

               d.   Any product that is a “combination product” as described in 21 U.S.C. 353(g).

         C.   “Cigarette.” Includes clove cigarettes and hand-rolled cigarettes.

         D.   “Distribute.” Means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.

E.   “Electronic smoking device.” Means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. The phrase includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).

         F.   “Proof of age.” Means a driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under Ohio R.C. 4507.50 to 4507.52 that shows that a person is eighteen years of age or older.

         G.   “Tobacco product.” Means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The phrase also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).

H.   “Vapor product.” Means a product, other than a cigarette or other tobacco product as defined in Ohio R.C. Chapter 5743, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. The phrase includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. The phrase does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). The phrase includes any product containing nicotine, regardless of concentration.

         I.   “Vending machine.” Has the same meaning as “coin machine” in Ohio R.C. 2913.01.

      (2)   No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:

         A.   Give, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any person under twenty-one years of age;

         B.   Give away, sell, or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law;

         C.   Knowingly furnish any false information regarding the name, age, or other identification of any person under twenty-one years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person;

         D.   Manufacture, sell, or distribute in this state any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;

         E.   Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;

         F.   Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification.

      (3)   No person shall sell or offer to sell cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:

         A.   An area within a factory, business, office, or other place not open to the general public;

         B.   An area to which persons under twenty-one years of age are not generally permitted access;

         C.   Any other place not identified in subsection (a)(3)A. or B. of this section, upon all of the following conditions:

            1.   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 that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that 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 immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person.

            2.   The vending machine is inaccessible to the public when the place is closed.

3.   A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high: “It is illegal for any person under the age of twenty-one to purchase tobacco or alternative nicotine products.”

      (4)   The following are affirmative defenses to a charge under subsection (a)(2)A. of this section:

         A.   The person under twenty-one years of age was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age.

         B.   The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age under subsection (a)(2)A. of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the person under twenty-one years of age.

      (5)   It is not a violation of subsection (a)(2)A. or B. of this section for a person to give or otherwise distribute to a person under twenty-one years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under twenty-one years of age is participating in a research protocol if all of the following apply:

         A.   The parent, guardian, or legal custodian of the person under twenty-one years of age has consented in writing to the person under twenty-one years of age participating in the research protocol.

         B.   An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.

         C.   The person under twenty-one years of age is participating in the research protocol at the facility or location specified in the research protocol.

      (6)   A.   Whoever violates subsection (a)(2)A., B., D., E., or F. or (a)(3) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)A., B., D., E., or F. or (a)(3) of this section or a substantially equivalent state law or municipal ordinance, illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.

         B.   Whoever violates subsection (a)(2)C. of this section is guilty of permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(2)C. of this section or a substantially equivalent state law or municipal ordinance, permitting a person under twenty-one years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.

      (7)   Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a person under twenty-one years of age in violation of this section and that are used, possessed, purchased, or received by a person under twenty-one years of age in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. Chapter 2981.

         (ORC 2927.02)

   (b)   Transaction Scan.

      (1)   For the purpose of this subsection (b) and subsection (c) of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         A.   “Card holder.” Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive cigarettes, other tobacco products, or alternative nicotine products from a seller, agent or employee.

         B.   “Identification card.” An identification card issued under Ohio R.C. 4507.50 to 4507.52.

         C.   “Seller.” A seller of cigarettes, other tobacco products, or alternative nicotine products and includes any person whose gift of or other distribution of cigarettes, other tobacco products, or alternative nicotine products is subject to the prohibitions of subsection (a) of this section.

         D.   “Transaction scan.” The process by which a seller or an agent or employee of a seller checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving cigarettes, other tobacco products, or alternative nicotine products.

         E.   “Transaction scan device.” Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card.

      (2)   A.   A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away or otherwise distributing to the card holder cigarettes, other tobacco products, or alternative nicotine products.

         B.   If the information deciphered by the transaction scan performed under subsection (b)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away or otherwise distribute any cigarettes, other tobacco products, or alternative nicotine products to the card holder.

         C.   Subsection (b)(2)A. of this section does not preclude a seller or an agent or employee of a seller from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition for selling, giving away or otherwise distributing cigarettes, other tobacco products, or alternative nicotine products to the person presenting the document.

      (3)   Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this subsection (b) and subsection (c) of this section.

      (4)   A.   No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:

            1.   The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder;

            2.   The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder.

         B.   No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under subsection (b)(4)A. of this section, except for purposes of subsection (c) of this section.

         C.   No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in subsection (c)(2)A. of this section.

         D.   No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by subsection (c) of this section or another section of these Codified Ordinances or the Ohio Revised Code.

      (5)   Nothing in this subsection (b) or subsection (c) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale, giving away or other distribution of cigarettes, other tobacco products, or alternative nicotine products.

      (6)   Whoever violates subsection (b)(2)B. or (b)(4) of this section is guilty of engaging in an illegal tobacco product or alternative nicotine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.

         (ORC 2927.021)

   (c)   Affirmative Defenses.

      (1)   A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of subsection (a) of this section in which the age of the purchaser or other recipient of cigarettes, other tobacco products, or alternative nicotine products is an element of the alleged violation, if the seller, agent or employee raises and proves as an affirmative defense that all of the following occurred:

         A.   A card holder attempting to purchase or receive cigarettes, other tobacco products, or alternative nicotine products presented a driver’s or commercial driver’s license or an identification card.

         B.   A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.

         C.   The cigarettes, other tobacco products, or alternative nicotine products were sold, given away or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.

      (2)   In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by subsection (c)(1) of this section, the trier of fact in the action for the alleged violation of subsection (a) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of subsection (a) of

this section. For purposes of subsection (c)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:

         A.   Whether a person to whom the seller or agent or employee of a seller sells, gives away or otherwise distributes cigarettes, other tobacco products, or alternative nicotine products is twenty-one years of age or older;

         B.   Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.

      (3)   In any criminal action in which the affirmative defense provided by subsection (c)(1) of this section is raised, the Registrar of Motor Vehicles or a Deputy Registrar who issued an identification card under Ohio R.C. 4507.50 to 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.

         (ORC 2927.022)

   (d)   Shipment of Tobacco Products.

      (1)   As used in this subsection (d):

         A.   “Authorized recipient of tobacco products” means a person who is:

            1.   Licensed as a cigarette wholesale dealer under Ohio R.C. 5743.15;

            2.   Licensed as a retail dealer as long as the person purchases cigarettes with the appropriate tax stamp affixed;

            3.   An export warehouse proprietor as defined in Section 5702 of the Internal Revenue Code;

            4.   An operator of a customs bonded warehouse under 19 U.S.C. 1311 or 19 U.S.C. 1555;

            5.   An officer, employee, or agent of the federal government or of this state acting in the person’s official capacity;

            6.   A department, agency, instrumentality, or political subdivision of the federal government or of this state;

            7.   A person having a consent for consumer shipment issued by the Tax Commissioner under Ohio R.C. 5743.71.

         B.   “Motor carrier.” Has the same meaning as in Ohio R.C. 4923.01.

      (2)   The purpose of this division (d) is to prevent the sale of cigarettes to minors and to ensure compliance with the Master Settlement Agreement, as defined in Ohio R.C. 1346.01.

      (3)   A.   No person shall cause to be shipped any cigarettes to any person in this municipality other than an authorized recipient of tobacco products.

         B.   No motor carrier or other person shall knowingly transport cigarettes to any person in this municipality that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes are transported to a home or residence, it shall be presumed that the motor carrier or other person knew that the person to whom the cigarettes were delivered was not an authorized recipient of tobacco products.

      (4)   No person engaged in the business of selling cigarettes who ships or causes to be shipped cigarettes to any person in this municipality in any container or wrapping other than the original container or wrapping of the cigarettes shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes are shipped with the words “cigarettes.”

      (5)   A court shall impose a fine of up to one thousand dollars ($1,000) for each violation of subsection (d)(3)A., (d)(3)B. or (d)(4) of this section.

         (ORC 2927.023)

   (e)   Furnishing False Information to Obtain Tobacco Products.

      (1)   No person who is eighteen years of age or older but younger than twenty-one years of age shall knowingly furnish false information concerning that person’s name, age, or other identification for the purpose of obtaining tobacco products.

      (2)   Whoever violates subsection (e)(1) of this section is guilty of furnishing false information to obtain tobacco products. Except as otherwise provided in this division, furnishing false information to obtain tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of subsection (e)(1) of this section or a substantially equivalent state law or municipal ordinance, furnishing false information to obtain tobacco products is a misdemeanor of the third degree.

         (ORC 2927.024)

636.22 INTIMIDATION IN CONNECTION WITH HOUSING.

   (a)    No person, whether or not acting under color of law, shall, by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with any of the following:

      (1)    Any person because of race, color, religion, sex, familial status, as defined in Ohio R.C. 4112.01, national origin, handicap, as defined in that section, or ancestry and because that person is or has been selling, purchasing, renting, financing, occupying, contracting or negotiating for the sale, purchase, rental financing or occupation of any housing accommodations, or applying for or participating in any service, organization or facility relating to the business of selling or renting housing accommodations;

      (2)    Any person because that person is or has been, or in order to intimidate that person or any other person or any class of persons from doing either of the following:

         A.    Participating, without discrimination on account of race, color, religion, sex, familial status, as defined in Ohio R.C. 4112.01, national origin, handicap, as defined in that section, or ancestry, in any of the activities, services, organizations or facilities described in paragraph (a)(1) hereof;

         B.    Affording another person or class of persons opportunity or protection so to participate.

      (3)    Any person because that person is or has been, or in order to discourage that person or any other person from, lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, familial status, as defined in Ohio R.C. 4112.01, national origin, handicap, as defined in that section, or ancestry, in any of the activities, services, organizations or facilities described in paragraph (a)(1) hereof, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

   (b)    Whoever violates subsection (a) hereof is guilty of a misdemeanor of the first degree, provided such person does not cause bodily injury or death in connection with such violation. Punishment shall be as provided in Section 698.02.

(ORC 2927.03)

636.23 FAILING TO PROVIDE FOR A FUNCTIONALLY IMPAIRED PERSON.

   (a)    As used in this section and Section 636.02:

      (1)    "Caretaker" means a person who assumes the duty to provide for the care and protection of a functionally impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship or by order of a court of competent jurisdiction. "Caretaker" does not include a person who owns, operates or administers, or who is an agent or employee of, a care facility, as defined in Ohio R.C. 2903.33.

      (2)    "Functionally impaired person" means any person who has a physical or mental impairment that prevents him or her from providing for his or her own care or protection, or whose infirmities caused by aging prevent him or her from providing for his or her own care or protection.

         (ORC 2903.10)

   (b)    No caretaker shall knowingly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when such failure results in physical harm or serious physical harm to the functionally impaired person.

   (c)    No caretaker shall recklessly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when such failure results in serious physical harm to the functionally impaired person.

   (d)    Whoever violates subsection (b) hereof is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree, provided the offender has not previously been convicted of or pleaded guilty to a violation of this section, or a violation of Ohio R.C. 2903.11, 2903.13 or 2903.16, and if the victim of the previous offense was a functionally impaired person under the offender's care. Punishment shall be as provided in Section 698.02.

   (e)    Whoever violates subsection (c) hereof is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the first degree, provided the offender has not previously been convicted of or pleaded guilty to a violation of this section, or a violation of Ohio R.C. 2903.11, 2903.13 or 2903.16, and if the victim of the previous offense was a functionally impaired person under the offender's care. Punishment shall be as provided in Section 698.02.