1179.01 Definitions.
1179.02 Posting of signs; education; outreach.
1179.03 Permit required.
1179.04 Permit revocation, denial, or suspension.
1179.05 Non-transferability.
1179.06 Nonretaliation.
1179.07 Enforcement, appeals.
1179.08 Injunctive relief.
CROSS REFERENCES
Illegal distribution of cigarettes or other tobacco products - GEN. OFF. 537.20
Purchase, use or possession of alternative nicotine products, cigarettes or tobacco products by minors - GEN. OFF. 537.205
Smoking in public buildings - GEN. OFF. Ch. 1177
As used in this chapter:
(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, 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) “Child” (includes “children”) has the same meaning as in R. C. § 2151.011.
(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 cigarette” 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 or electronic pipe.
(f) “Health Commissioner” means the appointed executive of the Cuyahoga County District Board of Health and as defined in Ohio R.C. 3709.11.
(h) “Permit” means a permit issued by the City or the City's licensing agent for retail sale of tobacco products.
(i) “Permittee” means the holder of a valid permit for the retail sale of tobacco products.
(j) “Person under twenty-one” means a natural person who has reached the age of eighteen years of age but has not yet reached the age of twenty-one years of age.
(k) “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.
(l) “Public place” means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the City, and any school district, or any park district.
(m) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(n) “Retailer” means a person or entity who offers or sells tobacco products or accessories to consumers.
(o) “Self service displays” means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.
(p) “Tobacco product” means any product that is made from tobacco or derived from tobacco or that contains nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, snorted, sniffed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, cigarettes, e-liquids, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or snus. “Tobacco Product” also means electronic devices, including any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including, but not limited to, e-cigare es, e-cigars, e-pipes, vapor products, or ehookahs. “Tobacco Product” includes any component part, or accessory used in the consumption of tobacco products, whether or not it contains nicotine including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes. “Tobacco Product” does not include any of the following:
(1) Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1);
(2) Any product that is a “device” as that term is defined in 21 U.S.C. 321(h); or
(3) Any product that is a “combination product” as described in 21 U.S.C. 353(g)
(q) “Underage buy attempt” means a person, authorized by the Department, under the age of twenty-one, who requests purchase of tobacco products or product paraphernalia from a retailer or a person under age thirty who requests purchase of tobacco products or product paraphernalia from a retailer without presenting identification.
(r) “Vendor-assisted” means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until after it is purchased.
(Ord. 109-2018. Passed 8-20-18; Ord. 3-2019. Passed 1-7-19.)
(a) Every place in the City where tobacco products are sold shall display at all times in a prominent place on the premises thereof, a printed card which shall be furnished by the City and which shall read substantially as follows:
“Under the ordinances of the City of Euclid, it is unlawful to sell, give or furnish to a person under twenty-one (21) years of age a cigarette or other tobacco products.”
(b) The City or its licensing agent shall collaborate with the community to prepare and distribute education materials, required signage to all vendors, hold education events, publicize and/or such other education events or efforts to foster awareness of the requirements of implementation and compliance with this chapter. The City or its licensing agent shall make all reasonable efforts to conduct such education efforts within the first six months of the program and at regular intervals as necessary thereafter.
(Ord. 109-2018. Passed 8-20-18; Ord. 3-2019. Passed 1-7-19.)
(a) No person shall engage in retail sales of tobacco products or alternative nicotine devices within the City without a valid permit issued by the City or on the City's behalf, to sell tobacco products or alternative nicotine devices.
(b) No permittee shall engage in retail sales of tobacco products or alternative nicotine devices in violation of Section 537.20 of the Codified Ordinances, or any substantially equivalent provision of applicable law.
(c) The following items shall be required in applying for a permit, or renewing a permit, under this section:
(1) A valid vendor's permit from the Ohio Department of Taxation;
(2) If the applicant engages in retail sale of cigarettes, a valid Retail Cigarette Dealer's Permit as required by Ohio 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 permit administration fee of one hundred dollars ($100.00); and
(d) A permit granted under this section shall be valid from January 1 of the year of application to December 31 of the same year.
(e) Permit administration fees, reinstatement fees, and civil penalties collected in administering Sections 1179.01 through 1179.08 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 permit” means a permit 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 by the Codified Ordinances or any substantially equivalent provision of applicable law.
(g) A separate permit shall be required for each retail sales location regardless of whether or not a person or entity owns or operates more than one facility within the City.
(h) A penalty equal to twenty-five percent of the applicable permit fee shall be assessed and collected by the City or its licensing agent for permit fee renewal payments that are not received or postmarked by the first of January.
(Ord. 109-2018. Passed 8-20-18; Ord. 3-2019. Passed 1-7-19.)
(a) Application for a permit required under Section 1179.03 may be denied for any of the following reasons:
(1) The applicant has had a permit under Section 1179.03 revoked within the previous three years;
(2) The applicant is determined to have knowingly included false or misleading information in the permit application or renewal application;
(3) The applicant's current permit under Section 1179.03 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 Euclid 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 division (c) of Section 1179.03.
(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 permit 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 permit following expiration of the suspension, the permittee shall remit a one hundred dollar ($100.00) permit reinstatement fee. A permit may be suspended for any of the following reasons:
(1) Two violations of Section 537.20 or any substantially equivalent offense by the permittee or agent of the permittee within the previous twelve-month period;
(2) Failure to appear at any court proceeding where the permittee or any agent of the permittee has been charged with a violation of Section 537.20 or any substantially equivalent offense. If the permittee'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 of Euclid 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 permit has violated a federal or state rule or regulation governing the retail sale of tobacco products or alternative nicotine products; or
(d) A permit may be revoked for any of the following reasons:
(1) The permit is determined to have knowingly included false or misleading information in the permit application or renewal application;
(2) Three or more violations of Section 537.20 or any substantially equivalent offense, by the permittee or agent of the permit within the previous twelve-month period;
(3) A period of suspension imposed under division (c) of this section has elapsed and the permittee remains in arrears of payment of such fine or penalty; or
(4) The permittee has been subject to three or more suspensions in the previous twenty-four month period.
(e) For purposes of divisions (c) and (d), “permit” shall include entities with common ownership or management to the entity or natural person listed as the permit holder.
(Ord. 109-2018. Passed 8-20-18; Ord. 3-2019. Passed 1-7-19.)
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