(a) For purposes of this section, "tobacco products" means 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 18 years shall purchase or attempt to purchase tobacco products.
(c) No person under the age of 18 years shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or attempting to purchase tobacco products.
(d) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, or any agent, employee or representative of the manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes or other tobacco products to any person under 18 years of age; or
(2) Give, sell or distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes or other tobacco products to persons under 18 years of age is prohibited by law.
(e) (1) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
A. An area either:
1. Within a factory, business, office or other place not open to the general public; or
2. To which persons under the age of 18 years are not generally permitted access.
B. In any other place not identified in division (e)(1) of this section, upon all of the following conditions:
1. The vending machine is located within the immediate vicinity, plain view and control of the person who owns or operates the business, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the business or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway or outer waiting area, shall not be considered located within the immediate vicinity, plain view and control of the person who owns or operates the business, or an employee of such person.
2. The vending machine is inaccessible to the public when the business is closed.
(2) In every place in the Municipality 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 the City of Mayfield 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.
(Ord. 2000-30. Passed 10-23-00; Ord. 2002-25. Passed 6-10-02.)
(f) No person shall be found guilty of a violation of division (d) of this section if a court of record finds all of the following:
(1) The person buying the tobacco products, at the time of so doing, exhibited to the seller, his or her agent or employee, an operator's or chauffeur's license or an identification card issued under Ohio R.C. 4507.50 to 4507.52, showing that such person was then of legal age to purchase tobacco products in the Municipality.
(2) The seller, his or her agent or employee made a bona fide effort to ascertain the true age of the person purchasing or attempting to purchase the tobacco products by checking the identification presented, at the time of the purchase or attempt to 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) The seller, his or her agent or employee had reason to believe that the person purchasing or attempting to purchase was of legal age to purchase tobacco products.
(g) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree, and shall be subject to the penalty provided in Section 597.02.
(Ord. 1982-22. Passed 4-12-82; Ord. 2002-25. Passed 6-10-02.)