(a) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, cigars and tobacco, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler, or retailer shall do either of the following:
(1) Give, sell or otherwise distribute cigarettes, cigars or tobacco to any person under eighteen years of age;
(2) Give away, sell or otherwise distribute cigarettes or other tobacco products in any place that does not have a sign posted in a conspicuous place stating that giving, selling or otherwise distributing cigarettes or other tobacco products to a person under eighteen years of age is prohibited by law.
(b) No person shall sell or offer to sell cigarettes or other tobacco 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 eighteen years are not generally permitted access.
(2) In any other place not identified in subsection (b)(1) hereof, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, in plain view, and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco 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 within the immediate vicinity, in 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.
(c) As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Section 2913.01 of the Ohio Revised Code.
(d) Whoever violates this section is guilty of illegal distribution of cigarettes, cigars or tobacco, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of this section, then illegal distribution of cigarettes, cigars or tobacco is a misdemeanor of the third degree.
(Ord. 13-2002. Passed 2-25-02.)