(a) As used in this Chapter:
(1) "Age verification" means a service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes) that compares information available from a commercially available database, or aggregate of databases, that regularly are used by government and businesses for the purpose of age and identity verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser is twenty-one-years of age or older.
(2) A. "Alternative nicotine product" means, subject to subsection (a)(2)B of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving or inhaling.
B. "Alternative nicotine product" does not include any of the following:
1. Any cigarette or other tobacco product;
2. Any product that is a "drug" as that term is defined in 21 U.S.C. 321 (g)(l);
3. Any product that is a "device" as that term is defined in 21 U.S.C. 321 (h);
4. Any product that is a "combination product" as described in 21 U.S.C. 353(9).
(3) "Child" has the same meaning as in Ohio R.C. 2151 .011.
(4) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(5) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(6) A. "Electronic cigarette" means, subject to subsection (a)(6)B of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe.
B. "Electronic cigarette" does not include any item, product or device described in subsections (a)(2)B(1) to ( 4) of this section.
(7) "Person under twenty-one" means, for purposes of this section, a person who has reached the age of eighteen years but has not yet reached the age of twenty-one years.
(8) "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 Ohio R.C. 4507.50 to 4507.52 that shows that a person is eighteen years of age or older.
(9) "Tobacco product" means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco or snuff.
(10) "Vending machine" has the same meaning as "coin machine" in Ohio R.C. 2913.01. (Ord. 2018-83. Passed 7-18-18.)