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As used in this chapter:
(a) “Department" means Trumbull County Combined Health District and its authorized employees and agents.
(b) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(c) "Licensee" means a person that applied for and was issued a retail tobacco and paraphernalia sales license or a temporary retail tobacco and paraphernalia sales license.
(d) "Product Paraphernalia" means any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of nicotine to include, but not limited to, pipes and rolling papers.
(e) "Retail Paraphernalia Sales" means the act of giving, selling or otherwise distributing product paraphernalia in a retail setting, including but not limited to, gas stations, convenience stores, carry out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops and hookah bars.
(f) "Retail Tobacco Sales" means the act of giving, selling or otherwise distributing tobacco products in a retail setting, including but not limited to, gas stations, convenience stores, carry out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops and hookah bars.
(g) "Temporary Retail Tobacco and Paraphernalia Sales" means the act of giving, selling or otherwise distributing tobacco products and/or product paraphernalia at an event for not more than thirty consecutive days.
(h) "Tobacco Product" means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff or snus. The term also includes, but is not limited to, an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(i) "Underage Buy Attempt" means a person, authorized by the Department, under the age of 21 , who requests purchase of tobacco products or product paraphernalia from a retailer or a person under age 30 who requests purchase of tobacco products or product paraphernalia from a retailer without presenting identification.
(j) "Vending Machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin, bill, token or credit card, including, but not limited to, a card, code, device, or other means of access to a customer's account, made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, token or credit card, automatically dispense property, provide a service, or grant a license.
(Ord. 8242-19. Passed 9-9-19.)
(a) All retailers of tobacco products and/or product paraphernalia shall apply for a valid retail tobacco and paraphernalia sales license or a temporary retail tobacco and paraphernalia sales license. For the purpose of this Chapter, retailers shall include any person performing retail tobacco sales, retail paraphernalia sales, or temporary retail tobacco and paraphernalia sales. Retail tobacco and paraphernalia sales licenses shall be issued by the department annually. Temporary retail tobacco and paraphernalia sales license shall be valid for not longer than thirty consecutive days. A license shall be required for each location where retail tobacco sales or retail paraphernalia sales are conducted and is nontransferable.
(b) Any retailer applying for a retail tobacco and paraphernalia sales license or a temporary retail tobacco and paraphernalia sales license shall submit a current and valid vendor's license or a temporary retail tobacco-and paraphernalia sales license shall submit a current and valid vendor's license as required by the Ohio Department of Taxation to the Department. Any retailer who distributes, stores, or sells cigarettes shall submit a current and valid Retail Cigarette Dealer's License as required by Ohio Revised Code Chapter 5743 to the Department prior to approval for licensing.
(c) The annual retail tobacco and paraphernalia sales license fee shall be fifty dollars ($50.00). The license shall be valid beginning on the first day of October through the last day of September of the following year. A license issued to a new licensee after the first day of July and before the first day of October shall not expire until the last day of September of the following year. A penalty equal to twenty-five percent of the applicable license fee shall be assessed by the Department for license fee payments that are not received or postmarked by the first of October.
(d) The temporary retail tobacco and paraphernalia sales license fee shall be fifty dollars ($50.00.) The license shall be valid for no longer than thirty consecutive days and limited to a single event. The application shall be made at least ten days prior to the event.
(e) License fees are due at the time of application and are not refundable.
(Ord. 8242-19. Passed 9-9-19.)
(a) Applications for retail tobacco and paraphernalia sales licenses and temporary retail
tobacco and paraphernalia sales licenses may be denied, and such licenses may be suspended or revoked for any of the following:
(1) The applicant or licensee is giving, selling, or offering to sell cigarettes, other tobacco products, or product paraphernalia by or from a vending machine.
(2) Observation by the Department or its authorized agent that the licensee or any agent, employee, or representative of said licensee has violated this chapter.
(3) Failure by the licensee to post signage as required by this chapter.
(4) The applicant or licensee having a conviction for violating this chapter. In the case of licensees, convictions for violations of this chapter of the Girard City Code shall be a sufficient basis for denying a license renewal, for license suspension, or license revocation if the date of conviction is within two years of the issuance of the current retail tobacco and paraphernalia sales license or temporary retail tobacco and paraphernalia sales license.
(5) An order by a court of competent jurisdiction that a retail tobacco and paraphernalia sales location or temporary retail tobacco and paraphernalia sales location owned and/or operated by the licensee constitutes a public nuisance.
(6) Information contained in the application is misleading, inaccurate, or false.
(7) The applicant or licensee fails to comply with U.S. Food and Drug Administration regulations, Ohio Revised Code, Ohio Administrative Code, and city codes relating to building, health and fire.
(8) The licensee has outstanding fines, pursuant to Girard City Ordinances.
(b) Any person whose retail tobacco and paraphernalia sales license or temporary retail tobacco and paraphernalia sales license has been proposed to be suspended or revoked shall be notified in writing by the Department. Appeals of such action may be made in accordance with the Trumbull County Combined Health District's rules and regulations.
(c) Any person whose application for a retail tobacco and paraphernalia sales license or temporary retail tobacco and paraphernalia sales license is denied shall be notified in writing by the Department. Appeals of such action may be made in accordance with the Trumbull County Combined Health District's rules and regulations. (Ord. 8242-19. Passed 9-9-19.)
(a) The Department shall make signs available to all retail tobacco and paraphernalia sales licensees, and temporary retail tobacco and paraphernalia sales licensees. Signs shall be provided by the Department at the time of license approval or renewal, and upon request.
(b) The licensee shall post the signs provided by the Department at points of transaction, which may include, but are not limited to, cash registers, sales counters and on any
display cases of tobacco products and product paraphernalia. Signage shall be prominently displayed and not obscured.
(Ord. 8242-19. Passed 9-9-19.)
(a) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphernalia, or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphernalia shall do any of the following:
(1) Give, sell, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia to any person under twenty-one (21) years of age.
(2) Give, sell, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia without viewing proof of age demonstrating the recipient is at least twenty-one (21) years of age, except that no such verification is required for a recipient over the age of thirty (30). That a person appeared to be over the age of thirty (30) shall not constitute a defense to a violation of this section. "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 Sections 4507.50 to 4507.52 of the Ohio Revised Code demonstrating that the recipient or purchaser is at least 21 years of age.
(b) No person shall give, sell or offer to sell cigarettes, other tobacco products, or product paraphernalia by or from a vending machine.
(Ord. 8242-19. Passed 9-9-19.)
(a) The Department shall conduct an inspection, which shall include an underage buy attempt, at least once per licensing period for all retail tobacco and paraphernalia sales licenses.
(b) The Department shall conduct an inspection at least once during the event for all temporary retail tobacco and paraphernalia sales licenses.
(c) If the Department observes violation(s) of this Chapter a retail tobacco and paraphernalia sales location or at a temporary retail tobacco and paraphernalia sales location, the following schedule of civil penalties shall be imposed on the licensee, in addition to the sanctions specified in Section 248.03(A):
(1) For a first violation, two hundred fifty dollars ($250.00).
(2) Second and additional violations within two years of the first violation, five hundred dollars ($500.00) per violation.
(3) Violations of this Chapter which occur more than two years after a prior violation shall not be considered a second or additional violation of this Chapter if there has been no violation during the intervening time period.
(4) Licensees have the right to appeal civil penalties in accordance with the Trumbull County Combined Health District's rules and regulations.
(Ord. 8242-19. Passed 9-9-19.)
(a) No retailer of tobacco products, or product paraphernalia shall give, sell or otherwise distribute cigarettes, other tobacco products, papers used to roll cigarettes, or other product paraphernalia without a valid license issued by the Trumbull County Combined Health District;
(b) Whoever violates this section is guilty of distribution of cigarettes, or other tobacco products, or product paraphernalia without a license, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this chapter of the Girard City Code, or Section 2927.02 of the Ohio Revised Code, then the retailer shall be denied a license for distribution of cigarettes or other tobacco products or product paraphernalia for a period not to exceed 5 years.
(c) Fines are to be deposited into a "Tobacco Enforcement and Education Fund" to be administered by the Trumbull County Combined Health District, reinvested for enforcement, community education, and compliance efforts towards state and local tobacco product sales and use laws.
(d) The provisions of this chapter are hereby declared to be severable, and if any part of this chapter is held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this section that can be given effect.
(e) The Trumbull County Combined Health District is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this section in order to protect the public health, safety and welfare. (Ord. 8242-19. Passed 9-9-19.)
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