(a) Upon the receipt of a first report that a proprietor of a public place or place of employment has violated any provision of the indoor or outdoor smoking bans described in Section 523.02
, the Grandview Heights Director of Public Safety Department shall issue a warning letter to that proprietor. Thereafter, the penalties contained in subsections (b), (c), and (d) hereof shall apply.
(b) Smoking in Public Places. Whoever violates Section 523.02 (
a) or (b) is guilty of the offense of permitting smoking in public places or places of employment. Such offense is a minor misdemeanor, punishable by a maximum fine of one hundred fifty dollars ($150.00).
(c) Cigarette Sales to Persons under Age Twenty-One (21). Whoever violates Section 523.02
(c) is guilty of a fourth-degree misdemeanor, which shall be punishable by up to thirty (30) days in jail and a maximum fine of two hundred fifty dollars ($250.00) for a first offense and up to sixty (60) days in jail and a maximum fine of five hundred dollars ($500.00) for a second offense. A third and each subsequent offense shall constitute a third-degree misdemeanor, which shall be punishable by up to sixty (60) days in jail and a maximum fine of five hundred dollars ($500.00).
(d) (1) Any person over the age of eighteen (18) and less than twenty-one (21) years old who violates Section 523.02
(d) shall be guilty of an unclassified misdemeanor and may be ordered to complete a smoking education or treatment program, be subject to a fine of up to one hundred dollars ($100.00), and may be ordered to perform up to twenty (20) hours of community service.
(2) Any person under the age of eighteen (18) who violates Section 523.02
(d) shall be subject to the provisions of Ohio Revised Code 2151.87(F), (G), and (H).
(e) A business or proprietor, or any agent or employee thereof, may not be found guilty of a charge of a violation of Section 523.02
(c) if the business, proprietor, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(1) A person attempting to purchase or receive cigarettes, tobacco products, e-cigarettes or liquid nicotine presented a driver’s license, commercial driver’s license, or other form of government-issued identification card;
(2) A transaction scan of the license or photo identification card presented indicated that the license or card was valid; and
(3) The cigarettes, tobacco products, e-cigarettes, or liquid nicotine were sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(f) Distribution of Tobacco Products or Paraphernalia without a License. Whoever is found to be in violation of Section 523.10
is guilty of distribution of tobacco products or product paraphernalia without a license, a misdemeanor of the first degree, punishable in the following manner:
(1) After a first violation within any thirty-six (36)-month period, no new license may issue for the tobacco retailer or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until thirty (30) days have passed from the date of the violation, and a fine of up to one thousand dollars ($1,000).
(2) After a second violation within any thirty-six (36)-month period, the license may be revoked or not renewed.
(g) Illegal Distribution of Cigarettes, Tobacco Products, Product Paraphernalia. Whoever violates Section 523.12
is guilty of illegal distribution of cigarettes, other tobacco products, or product paraphernalia, a misdemeanor of the fourth degree punishable by a fine of up to one thousand dollars ($1,000) per occurrence. If the offender previously has been convicted of a violation of this Section 523.02
(f) of these Codified Ordinances or Section 2927.02 of the Ohio Revised Code, then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree and shall be punishable by a fine of up to one thousand dollars ($1,000) per occurrence and jail time of up to sixty (60) days.
(h) Tobacco Education Fund. There shall be created a "Tobacco Enforcement and Education Fund" into which fines from violations of these chapters shall be deposited. Such Fund shall be administered by the City’s Administration and reinvested for enforcement, community education, and compliance efforts towards state and local tobacco product sales and use laws.
(i) Additional Remedies. The remedies provided by this Chapter are cumulative and in addition to other remedies available at law or in equity.
(j) Public Nuisance. These provisions are health ordinances applicable to real property in the City and may be enforced by civil action pursuant to the Ohio Revised Code. Repeated violations of this Chapter may constitute a public nuisance. The City Attorney and/or designee may bring a cause of action to abate such nuisance and enjoin the recurrence of such violations and for such other relief may be available at law or in equity.
(Ord. 2015-28. Passed 10-19-15; Ord. 2023-22. Passed 9-5-23.)