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If any provision, clause, sentence, or paragraph of this subchapter or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this subchapter that can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.
(Ord. 52-04, passed 11-15-04)
LICENSING TOBACCO AND ALTERNATIVE NICOTINE PRODUCT RETAILERS
ALTERNATIVE NICOTINE PRODUCT.
(1) Subject to division (2) of this definition, 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.
(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).
CHILD (INCLUDES CHILDREN). Has the same meaning as in R.C. § 2151.011.
CIGARETTE. Includes clove cigarettes and hand-rolled cigarettes.
DISTRIBUTE. 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.
ELECTRONIC CIGARETTE.
(1) Subject to division (2) of this definition, 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.
(2) The phrase does not include any item, product, or device described in division (2) of the definition for ALTERNATIVE NICOTINE PRODUCT in this section.
PERSON UNDER 21. A natural person who has reached the age of 18 years but has not yet reached the age of 21 years.
TOBACCO PRODUCT. Any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.
(Ord. 24-17, passed 12-4-17)
(A) No person shall engage in retail sales of tobacco products or alternative nicotine devices within the city without a valid license issued by the city, or on the city's behalf, to sell tobacco products or alternative nicotine devices.
(B) No licensee shall engage in retail sales of tobacco products or alternative nicotine devices in violation of § 135.17 of the Codified Ordinances, or any substantially equivalent provision of applicable law.
(C) The following items shall be required in applying for a license, or renewing a license, under this section:
(1) A valid vendor's license from the Ohio Department of Taxation;
(2) If the applicant engages in retail sale of cigarettes, a valid Retail Cigarette Dealer's License as required by R.C. Chapter 5743;
(3) The location where the applicant proposes to engage in retail sales of tobacco products or alternative nicotine devices;
(4)
A nonrefundable license administration fee in the amount provided in the fee schedule created under Chapter 35 of the Codified Ordinances;
(D) A license granted under this section shall be valid from June 1 of the year of application to May 31 of the following year. A license issued to a new licensee after January 1 shall be valid until May 31 of the following year.
(E) License administration fees, reinstatement fees, and civil penalties collected in administering §§ 94.20 through 94.23 may be collected by the city or the city's licensing agent, and shall be credited to the city's General Fund to defray the costs of administration and enforcement of these sections; alternatively, the city and its licensing agent may agree that the licensing agent will retain all or a portion of the fees as compensation for its services as licensing agent.
(F) For purposes of this section, VALID LICENSE means a license issued under this section that has not expired, that is not within a period of suspension or failure-to-reinstate status, and that has not been revoked.
(Ord. 24-17, passed 12-4-17; Am. Ord. 59-23, passed 11-27-23)
(A) Application for a license required under § 94.21 may be denied for any of the following reasons:
(1) The applicant has had a license under § 94.21 revoked within the previous three years;
(2) The applicant is determined to have knowingly included false or misleading information in the license application or renewal application;
(3) The applicant's current license under § 94.21 has been suspended, and the period of suspension has not elapsed;
(4) A property owned or operated by the applicant engaging in the retail sale of cigarettes, tobacco products, or alternative nicotine products within the City of Dublin is the subject of a court order declaring such property to be a public nuisance, where said nuisance has not been abated as determined by the court, or where the court has ordered that retail sales of tobacco products or alternative nicotine products shall cease pursuant to any temporary restraining order, preliminary injunction, or permanent injunction issued by the court;
(6) The applicant has failed to provide any of the items required under § 94.21(C).
(B) For purposes of division (A) of this section, "applicant" shall include entities with common ownership or management to the entity or natural person listed on the application.
(C)
A license may be suspended for a definite period, not to exceed six months, as determined by the city or its licensing agent. Prior to reinstatement of the license following expiration of the suspension, the licensee shall remit a reinstatement fee in the amount provided in the fee schedule created under Chapter 35 of the Codified Ordinances. A license may be suspended for any of the following reasons:
(1) Two violations of § 135.17 of the Codified Ordinances, or any substantially equivalent offense, by the licensee or agent of the licensee within the previous 12-month period;
(2) Failure to appear at any court proceeding where the licensee or any agent of the licensee has been charged with a violation of § 135.17 of the Codified Ordinances, or any substantially equivalent offense. If the licensee's agent is the person charged, the appearance of the agent shall be sufficient;
(3) A property owned or operated by the applicant engaging in the retail sale of tobacco products or alternative nicotine products within the city is the subject of a court order declaring such property to be a public nuisance, where said nuisance has not been abated as determined by the court, or where the court has ordered that retail sales of tobacco products or alternative nicotine products shall cease pursuant to any temporary restraining order or preliminary injunction issued by the court;
(4) The finding by a federal or state agency or court that the licensee has violated a federal or state rule or regulation governing the retail sale of tobacco products or alternative nicotine products; or
(D) A license may be revoked for any of the following reasons:
(1) The licensee is determined to have knowingly included false or misleading information in the license application or renewal application;
(2) Three or more violations of § 135.17 of the Codified Ordinances, or any substantially equivalent offense, by the licensee or agent of the licensee within the previous 12-month period;
(3) A period of suspension imposed under division (C)(5) of this section has elapsed, and the licensee remains in arrears of payment of such fine or penalty; or
(4) The licensee has been subject to three or more suspensions in the previous 24-month period.
(E) For purposes of divisions (C) and (D), "licensee" shall include entities with common ownership or management to the entity or natural person listed as the license holder.
(Ord. 24-17, passed 12-4-17; Am. Ord. 59-23, passed 11-27-23)
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