521.13 SALES OF TOBACCO PRODUCTS TO MINORS PROHIBITED.

   (a)    For purposes of this section, "tobacco products" mean cigarettes, cigars, pipe tobacco, chewing tobacco or any other product any part of which contains tobacco as an ingredient.

   (b)    No person under the age of eighteen years shall purchase tobacco products.

   (c)    No person under the age of eighteen years shall knowingly show or give false information concerning his name, age or other identification for the purpose of purchasing tobacco products.

   (d)    No person shall sell tobacco products to any person under the age of eighteen years.

   (e)    Every place in the City where tobacco products are sold, whether over the counter, through a vending machine, or otherwise, the owner or operator of the premises shall post and display at all times, in a prominent manner, in the area where the tobacco products are sold a printed sign which shall read substantially as follows:

         Warning to persons under age 18:

Under the ordinances of Highland Heights, Ohio, if you are under the age of 18, and order, pay for, share the cost of, or attempt to purchase any tobacco products, or furnish false information as to name, age, or other identification, you are subject to punishment as an unruly child.

   (f)    No person may be found guilty of a violation of subsection (d) hereof if a court of record finds all of the following:

      (1)    That the person buying the tobacco products, at the time of so doing, exhibited to the seller, his agent or employee, an operator's or chauffeur's license or an identification card issued under Sections 4507.50 to 4507.52 of the Ohio Revised Code showing that such person was then of legal age to purchase tobacco products in the City;

      (2)    That the seller, his agent or employee, made a bonafide effort to ascertain the true age of the person purchasing the tobacco products by checking the identification presented, at the time of the purchase, to ascertain that the description on the identification compared with the appearance of the buyer and that the identification presented had not been altered in any way;

      (3)    That the seller, his agent or employee, had reason to believe that the person buying was of legal age to purchase tobacco products.

   (g)    Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 23-1982. Passed 5-11-82.)