(a) As used in this section:
(1) A. "Alternative nicotine product" means, subject to division (a)(1)B. of this section, an electronic cigarette 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.
B. "Alternative nicotine product" does not include any of the following:
(i) Any cigarette or other tobacco product;
(ii) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(iii) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h).
(iv) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(2) "Child" has the same meaning as in RC 2151.011.
(3) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(4) "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.
(5) A. "Electronic cigarette" means, subject to division (a)(5)B. of this section, 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, or electronic pipe.
B. Electronic cigarette" does not include any item, product, or device described in division (a)(1)B. of this section.
(6) "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.
(7) "Vending machine" has the same meaning as "coin machine" in RC 2913.01.
(8) "Young adult" means a person who is eighteen (18) years of age or older, but under twenty-one (21) years of age.
(b) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and 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:
(1) Give, sell or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any child;
(2) Give, sell or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any individual who does not demonstrate, through a driver's license or other photographic identification card issued by a government entity or educational institution that the individual is at least eighteen (18) years of age, unless the individual reasonably appears to be at least thirty (30) years of age, provided however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes, tobacco products or electronic cigarettes to an individual under eighteen (18) years of age;
(3) Sell cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any young adult;
(4) Sell cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any individual who does not demonstrate, through a driver's license or other photographic identification card issued by a government entity or educational institution that the individual is at least twenty-one (21) years of age, unless the individual reasonably appears to be at least thirty (30) years of age, provided however, that such appearance shall not constitute a defense in any proceeding alleging the sale of cigarettes, tobacco products or electronic cigarettes to an individual under twenty-one (21) years of age;
(5) Give away, sell or distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any business that does not have posted in a conspicuous place a sign, in accordance with rules of the Department of Public Health, 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 (21) years of age is prohibited by law;
(6) Knowingly furnish any false information regarding the name, age, or other identification of any child or young adult with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that child or young adult;
(7) Manufacture, sell, or distribute in this City any pack or other container of cigarettes or alternative nicotine products containing fewer than twenty (20) cigarettes or any package of roll-your-own tobacco containing less than six-tenths (0.6) of one (1) ounce of tobacco;
(8) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(9) Sell other tobacco products in a smaller quantity than was intended for retail when the product was packaged by the manufacturer.
(c) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and 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, shall give or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any young adult.
(d) 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:
(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 twenty-one (21) years are not generally permitted access;
(2) In any other place not identified in division (c)(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 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 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 immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person.
B. The vending machine is inaccessible to the public when the place is closed.
(e) The following are affirmative defenses to a charge under division (b)(1) of this section:
(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol, or the young adult has consented in writing, on his or her own behalf, to participate in the research protocol.
(2) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child or young adult under division (b)(1) of this section is a parent, spouse who is twenty-one (21) years of age or older, or legal guardian of the child or young adult.
(f) It is not a violation of division (b)(1) or (2) of this section for a person to give or otherwise distribute to a child or young adult cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child or young adult 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, or the young adult has consented in writing, on his or her own behalf, to participate in the research protocol.
(2) An institutional human subjects protection review board, or equivalent entity, has approved the research protocol.
(3) The child or young adult is participating in the research protocol at the facility or location specified in the research protocol.
(g) (1) Whoever violates division (b)(1), (3), (5), (7), (8), or (9) or divisions (c) or (d) 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 has previously been convicted of a violation of division (b)(1), (3), (5), (7), (8), or (9) or divisions (c) or (d) of this section or divisions (B)(1), (2), (4), or (5) or (C) of RC 2927.02, then illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(2) Whoever violates division (b)(6) of this section is guilty of permitting children or young adults to use cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting children or young adults 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 division (b)(6) of this section or division (B)(3) of RC 2927.02, permitting children or young adults to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(h) Any cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given or sold to a child or young adult in violation of this section, or distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child in violation of RC 2151.87 are subject to seizure and forfeiture as contraband under RC Chapter 2981.
(Ord. No. 737-15. Passed 12-7-15, eff. 4-13-16)
Statutory reference:
Similar state law, see RC 2927.02
Similar state law, see RC 2927.02