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.)