1727.01 Definitions.
1727.02 Sale to persons under 21 prohibited.
1727.03 Annual permit required.
1727.04 Permit revocation, denial, or suspension.
1727.05 Non-transferability.
1727.06 Non-relation.
1727.07 Posting of signs; education; outreach.
1727.08 Enforcement; appeals.
1727.09 Injunction relief.
1727.10 Effective date.
1727.99 Penalty.
CROSS REFERENCES
Indoor air pollution - see GEN. OFF. Ch. 523
For the purpose of this Chapter:
(a) "Distribute" means to furnish, give or provide tobacco products to the ultimate consumer of the tobacco product.
(b) "Permit" means an annual permit issued by the City or the City's permitting agent for retail sale of tobacco products pursuant to Section 1727.03 herein.
(c) "Permittee" means the holder of a valid permit under this Chapter.
(d) "Permitting agent" means an entity with which the City of Lakewood has contracted to administer permit applications, enforcement, and/or provisions contained in this Chapter.
(e) "Person under 21" means a natural person who has not yet reached the age of 21 years.
(f) "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 R.C. 4507.50 to 4507.52 that shows that a person is 21 years of age or older and not a person under 21.
(g) "Tobacco product" means any product that is made from tobacco or derived from tobacco or that contains nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether smoke, heated, chewed, snorted, sniffed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, cigarettes, e-liquids, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means electronic devices, including any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including, but not limited to, e-cigarettes, e- cigars, e-pipes, vapor products, or e-hookahs. “Tobacco product" includes any component, part, or accessory used in the consumption of tobacco products, whether or not it contains nicotine including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes. “Tobacco product" does not include any of the following:
(1) Any product that is a "drug" as that term is defined in 21 U.S.C. 32l(g)(l); or
(2) Any product that is a "device" as that term is defined in 21 U.S.C. 32l(h); or
(3) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(Ord. 76-18. Passed 3-18-2019.)
(a) No permittee or agent of permittee shall sell or otherwise distribute to any person under 21 any tobacco product within the City.
(b) Before selling or otherwise distributing any tobacco product to another person, the person selling or distributing the tobacco product shall verify the age of any person who appears to be under 30 years of age by a proof of age.
(c) No person shall sell or otherwise distribute tobacco products by or from a vending machine except in an area within a business office, or other place not open to the general public or in an area to which persons under 21 are not permitted.
(d) It shall not be a violation of this Section to sell or otherwise distribute any product that has been approved as a tobacco cessation aid by the United States Food and Drug Administration. (Ord. 76-18. Passed 3-18-2019.)
(a) No person shall engage in retail sales or distribution of tobacco products within the City without a valid permit issued by the City or its permitting agent.
(b) The following items shall be required in applying for a permit, or renewing a permit under this Section:
(1) A valid vendor's license from the Ohio Department of Taxation;
(2) If applicable, a license required by R.C. Chapter 5743;
(3) The location where the permit applicant proposes to engage in retail sales of tobacco products;
(4) A nonrefundable permit administration fee of $100.00; and
(5) Such other information as determined by the City or its permitting agent to be necessary to administer the permitting system provided herein and to effectuate the purposes of this Chapter.
(c) A permit granted under this Section shall be valid from the date of issuance until December 31 of the year of issuance.
(d) Permit administration fees reinstatement fees, and civil penalties collected in administering this Chapter may be collected by the City or its permitting agent and shall be credited to the City's general fund to defray the costs of administration and enforcement of this Chapter. Alternatively, the City and its permitting agent may agree that the permitting agent will retain all or a portion of the fees as compensation for its services as the permitting agent.
(e) For purposes of this Section, "valid permit”, means a permit issued under this Section that has not expired, that is not within a period of suspension or failure-to-reinstate status, and that has not been revoked under this Chapter or any provision of applicable law.
(f) A separate permit shall be required for each retail sales location regardless of whether or not a person owns or operates more than one retail sales location within the City.
(g) A penalty equal to 25 percent of the applicable permit fee shall be assessed and collected by the City or its permitting agent for permit fee renewal payments that are not received or postmarked by the first of January.
(Ord. 76-18. Passed 3-18-2019.)
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