(a) No manufacturer, producer, distributor, wholesaler, or retailer or agent, employee, or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes, alternative nicotine products, electronic smoking devices or tobacco products shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products to any child; or
(2) Give away, sell or distribute cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products to a person under eighteen (18) years of age is prohibited by law; or
(3) Knowingly furnish any false information regarding the name, age or other identification of any child with purpose to obtain cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products for that child; or
(4) Manufacture, sell or distribute any pack or other container of cigarettes containing fewer than twenty (20) cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco; or
(5) Sell cigarettes, alternative nicotine products, electronic smoking devices or tobacco products in a smaller quantity than that placed in the pack or other container by the manufacturer; or
(6) Give, sell or otherwise distribute cigarettes, alternative nicotine products, electronic smoking devices or tobacco products over the internet or through another remote method without age verification.
(b) No person shall sell or offer to sell cigarettes, alternative nicotine products, electronic smoking devices or tobacco products by or from a vending machine, except in the following locations:
(1) An area within a factory, business, office or other place not open to the general public;
(2) An area to which children are not generally permitted access;
(3) Any place, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity and in plain view, and in control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, alternative nicotine products, electronic smoking devices and tobacco products will be readily observed by the person who owns or operates the place or an employee of that person. For the purposes of this section, a vending machine located in an unmonitored area, including an unmonitored coatroom, restroom or outer waiting area, shall not be considered located within the immediate vicinity or in plain view, or in the control of the person who owns or operates the place, or an employee of that person.
B. The vending machine is inaccessible to the public when the facility is closed.
(c) The following are affirmative defense to a charge under subsection (a)(1) of this section:
(1) The child was accompanied by a parent or spouse of the child who is eighteen (18) years of age or older, or legal guardian or legal custodian of the child.
(2) The person who gave, sold or distributed cigarettes, alternative nicotine products, electronic smoking devices or tobacco products to a child is a parent, or spouse of the child who is eighteen (18) years of age or older, or legal guardian or legal custodian of the child.
(d) It is not a violation of subsection of this section for a person to give or otherwise distribute to a child, cigarettes, alternative nicotine products, electronic smoking devices or tobacco products while the child is participating in a research protocol if all of the following apply:
(1) The parent, guardian or legal custodian of the child has consented in writing to the child participating in the research protocol; and
(2) An institutional human subject's protection review board, or an equivalent entity, has approved the research protocol; and
(3) The child is participating in the research protocol at the facility or location specified in the research protocol.
(e) (1) Whoever violates subsection (a) or (b) of this section is guilty of illegal distribution or permitting use of cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products. Except as otherwise provided in this section, illegal distribution or permitting use of cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of Section 357.02, illegal distribution or permitting use of cigarettes, alternative tobacco products, electronic smoking devices or other tobacco products is a misdemeanor of the third degree.
(2) Any cigarettes, alternative nicotine products, electronic smoking devices or other tobacco products that are given, sold or otherwise distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child are subject to seizure and forfeiture as contraband in accordance with Chapter 2981 of the Ohio Revised Code.
(Ord. 2019-48. Passed 5-20-19.)