523.02 PROHIBITIONS.
   (a)   Indoor Smoking Ban.
      (1)   No proprietor of a public place or place of employment shall permit smoking in said public place or place of employment within the City of Grandview Heights, except as provided in Section 523.03.
      (2)   All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Grandview Heights, shall be subject to the provisions of this chapter.
   (b)   Outdoor Smoking Restrictions.  
      (1)   All areas immediately adjacent to the ingress and egress of any enclosed area shall be subject to the provisions of this Chapter so as to ensure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems, or other means.
      (2)   Smoking is prohibited in City parks and other public recreational facilities.
   (c)   Sale to Persons Under 21 Years of Age Prohibited.
      (1)   No person, business, retailer, or other establishment shall sell, permit to be sold, or offer for sale to any person under 21 years of age any cigarette, smoking materials or liquid nicotine within the City.
      (2)   Before selling any cigarettes, smoking materials, or liquid nicotine to another person, the person selling such smoking materials or liquid nicotine shall verify the person is 21 years of age or older by examining from any person that appears to be under 30 years of age a government- issued photographic identification that establishes the person is at least 21 years of age.
      (3)   No person, business, retailer, or other establishment shall sell, or offer to sell cigarettes, smoking materials, or liquid nicotine, by or from a vending machine, except in an area within a business, office, or other place not open to the general public or an area to which children are not generally permitted access.
      (4)   A violator of this section includes the person who sells, permits to be sold, or offers for sale cigarettes, smoking materials, or liquid nicotine to a person under 21 years of age as well as his or her employer and any person who controls the person who sells, permits to be sold, or offers for sale any such product to a person under 21 years of age.
      (5)   The following affirmative defenses shall apply to the prohibition on selling to persons under 21 years of age:
         A.   The person attempting to purchase was accompanied by his or her parent, spouse who is 21 years of age or older, or legal guardian; or
         B.   The person who sold, permitted to be sold, or offered for sale any smoking material or liquid nicotine is a parent, spouse who is 21 years of age or older, or legal guardian.
      (6)   Any cigarettes, smoking materials or liquid nicotine sold, permitted to be sold, offered for sale, or used by a person under 21 years of age in violation of this Chapter is subject to seizure, forfeiture, and disposal.
   (d)   No person under 21 years of age shall knowingly furnish false information concerning his or her name, age or other identifying factor for the purpose of obtaining cigarettes, tobacco products, e-cigarettes, or liquid nicotine.
(Ord. 2015-28. Passed 10-19-15.)