(a) Definitions. As used in this chapter:
(1) "Department" means Franklin County Public Health.
(2) "License" means a license issued by the City of Grandview Heights through its agent Franklin County Public Health for retail sale of tobacco products.
(3) "Licensee" means the holder of a valid license for the retail sale of tobacco products.
(4) "Person" means any natural person.
(5) "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 or leased by the City, and any school district or any park district.
(6) "Tobacco retail establishment" means any place of business where tobacco products are available for sale to the general public. The term includes but is not limited to grocery stores, tobacco products shops, kiosks, convenience stores, gasoline service stations, bars, and restaurants.
(7) "Self-service displays" means any display from which customers may select a tobacco product without assistance from the tobacco retailer or the tobacco retailer's agent or employee and without direct person-to-person transfer between the purchaser and the tobacco retailer or tobacco retailer's agent or employee. A tobacco vending machine is a form of self-service display.
(8) "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks or slugs.
(9) "Sale" includes delivery, barter, exchange, transfer or gift, or offer thereof, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(10) "Possess" or "Possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(11) "Moveable place of business" means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the counter sales transactions.
(12) "Licensed product" means the term that collectively refers to any tobacco product.
(13) "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's-length transaction.
(14) "Youth-oriented facility" includes, but is not limited to: a private or public kindergarten, elementary, middle, junior high, or high school; a library; a playground open to the public; a youth center, defined as a facility where youth, come together for programs and activities, a recreational community facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes; a gymnasium, playing court, playing field, and swimming pool; an arcade open to the public; a park open to the public or to all the residents of a private community; and, or a licensed child-care facility or preschool.
(Ord. 2023-22. Passed 9-5-23.)