(a) "Age verification" means 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, papers used to roll cigarettes or electronic 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 purchase is eighteen years or older.
(b) "Alternative nicotine product" means, any 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. "Alternative nicotine product" does not include any of the following:
(1) Any cigarette or other tobacco product;
(2) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(3) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(4) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(c) "Child" means a person who is under eighteen (18) years of age.
(d) "Cigarette" includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, papers used to roll cigarettes, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials. "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(e) "Distribute" means to furnish, give, or provide cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products, to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, papers used to roll cigarettes or electronic cigarettes.
(f) "Electronic smoking device" means any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, "vaping" device or e-hookah, with the exception of those devices or products listed in Section 357.01(B)(1 through 4). An electronic smoking device shall include 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.
(g) "Proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued pursuant to Ohio R.C. 4507.50 to 4507.52 that shows that a person is eighteen (18) years of age or older.
(h) "Tobacco product" means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco or snuff.
(i) "Vending machine" has the same meaning as "coin machine" in section 2913.01(I) of the Revised Code.
(j) "Youth Smoking Education Program" means a private or public agency that is related to tobacco use, prevention, and cessation, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products or electronic smoking devices, and that is no more than twelve (12) hours in duration.
(Ord. 2019-48. Passed 5-20-19.)