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(a) The total number of tobacco retailer licenses within the City of Lorain shall be limited to one for each eight hundred thirteen (813) or fraction thereof, inhabitants of the City of Lorain.
(b) For the purposes of this section, the total population of the City of Lorain shall be determined by the most current published total available from the U.S. Census Bureau as of the date the license application is filed.
(c) No new tobacco retail license shall be issued if the existing number of tobacco retailer licenses equals or exceeds the total number of authorized tobacco retail licenses pursuant to this Section.
(d) Notwithstanding subsections 780.05(a) and (c), a tobacco retailer operating lawfully on the date this ordinance is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
(1) The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
(2) The tobacco retail establishment is not closed for business or otherwise suspends tobacco sales, whether voluntarily or due to license suspension for more than sixty (60) consecutive days; and
(3) The tobacco retailer does not substantially change the business premises or business operation. A substantial change to the business operation includes, but is not limited to, the transferring of a location:
A. To a new Proprietor(s) in an Arm's Length Transaction; or
B. For which a significant purpose is avoiding the effect of violations of this chapter; and
C. The tobacco retailer retains the right to operate under other applicable laws.
(4) If the City of Lorain proves, by a preponderance of evidence, that a tobacco retailer has substantially changed the business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer may rebut that such change(s) do not constitute a substantial change.
(Ord. 233-23. Passed 11-6-23.)
No tobacco retail license will be granted to a tobacco retailer for a tobacco retail establishment location that is within 2,000 feet of any other existing licensed tobacco retail establishment, as measured by the shortest line from the property line of the space to be occupied by the applicant for a license to the nearest property line of the existing licensee. This restriction does not apply to an applicant that holds a state tax license to sell tobacco products in the same location for at least one year before the date this section was enacted into law.
(Ord. 233-23. Passed 11-6-23.)
No license shall be granted to any person or entity for a tobacco retail establishment location that is within 1,500 feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed tobacco retail licensee to the nearest property line of a youth-oriented facility. This restriction does not apply to an existing tobacco retailer holding a current state tax license for the sale of tobacco products in that same location for at least one year before the date this section was enacted into law.
(Ord. 233-23. Passed 11-6-23.)
(a) In Person and Delivery Sales. No tobacco retail establishment or person shall sell or offer to sell any tobacco product by means of delivery sales. All sales of tobacco products must be conducted in person, in a licensed tobacco retail establishment, in over-the-counter sales
transactions.
(b) Vending Machine Sales. No tobacco retail establishment or person shall sell or offer to sell any tobacco product through vending machine or self-service displays without first acquiring a tobacco retail license pursuant to Section 780.02 of this Chapter and Section 537.16(a)(3) of the Lorain Code of Ordinances governing vending machine sales.
(c) Legal Age. No tobacco retailer, tobacco retail establishment, or person shall sell any tobacco product to any person under the age of twenty-one (21) under this Chapter and under Section 537.16 of the Lorain Code of Ordinances.
(d) Age Verification. Licensees must verify by means of government-issued photographic identification containing the bearer's date of birth that the purchaser of any tobacco product is at least twenty-one (21) years of age in accordance with this Chapter and under the age verification and transaction scan requirements provided under Chapter 537.16 of the Lorain Code of Ordinances.
(e) Signage. Notice of the legal sales age for the purchase of tobacco products, age verification requirements, and possible penalties for underage sales must be posted within (6) feet of each cash register or place where payment may be made in a place conspicuous to both employees and customers, and where the sign( s) are unobstructed in their entirety. The sign shall state, "THE SALE OR PROVISION OF TOBACCO PRODUCTS, INCLUDING E-CIGARETTES, TO AN INDIVIDUAL UNDER TWENTY-ONE (21) YEARS OF AGE IS PROHIBITED BY LAW." The sign required shall be fourteen (14) inches by eleven (11) inches and the statement required shall be printed in thirty-six (36)-point boldfaced type. The required signage will be provided to the licensee by Lorain County Public Health, or another designee.
(f) Samples Prohibited. No tobacco retailer, tobacco retail establishment, or person shall gift or distribute samples of any tobacco product free of charge or at a nominal cost, regardless of the age of the person acquiring the product. The distribution of a tobacco product as a sample, free donation, gift, or at otherwise nominal cost, is prohibited and shall subject the tobacco retailer or tobacco retail establishment to the penalties prescribed under this Chapter and those prescribed by other local, state or federal laws pertaining to samples, donation, or otherwise nominally priced tobacco products.
(g) No tobacco retailer, tobacco retail establishment, or person shall sell or offer to sell any tobacco product in any manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.
(h) Any person, tobacco retailer or tobacco retail establishment found to be selling a tobacco product without a license required under Section 780.02 shall be issued a No Sales Order for Tobacco Products and shall be ineligible to receive a tobacco retailer license for a period of three (3) years.
(Ord. 233-23. Passed 11-6-23.)
(a) All licensed premises must be open to inspection by Lorain County Public Health or its authorized designees during regular business hours. The tobacco retail establishment shall be subject to two (2) unannounced compliance checks per year by Lorain County Public Health or its authorized designees.
(b) Compliance checks must include verification that a tobacco retail establishment maintains a current tobacco retailer license to sell tobacco products.
(c) Compliance checks may include the participation of a person at least eighteen (18) years of age, but under the age of twenty-one (21), to enter the licensed premises to attempt to purchase tobacco products.
(d) Unannounced follow-up compliance checks of all non-compliant tobacco retail establishments are required within three (3) months of any violation of this chapter. The results of all compliance checks shall be published annually and made available to the public as determined by Lorain County Public Health, or another designee.
(Ord. 233-23. Passed 11-6-23.)
It is an affirmative defense to a violation of this chapter for a person to have reasonably relied on proof of age and conducted age verification requirements described under this Chapter, under Section 537.16 of the Lorain Code of Ordinances, and by state law.
(Ord. 233-23. Passed 11-6-23.)
(b) A second violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of six hundred dollars ($600.00), and Lorain County Public Health or appropriate designee shall suspend the tobacco retailer license for a period of not less than thirty (30) and not more than sixty (60) consecutive days.
(c) A third violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of one thousand dollars ($1,000), and the Lorain County Health Commissioner or its designee shall suspend the tobacco retail establishment's license for a period of not less than sixty (60) consecutive days. In addition to the designated fine, Lorain County Public Health or its designee may revoke the tobacco retail establishment's license.
(d) A fourth violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of one thousand two hundred dollars ($1,200) and the tobacco retail establishment's license shall be revoked.
(e) A tobacco retailer, or agent, employee or representative of a tobacco retailer that violates age verification or transaction scan requirements proscribed under Section 537.16 of the Lorain Code of Ordinances is subject to the penalties described under that section.
(Ord. 233-23. Passed 11-6-23.)
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