539.05  ILLEGAL DISTRIBUTION.
   (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.)