521.15 ILLEGAL DISTRIBUTION OF OR PERMITTING CHILDREN TO USE AN ELECTRONIC SMOKING DEVICE.

   (a)    As used in this Section:

      (1)    "Age Verification" means a service provided by an independent third party (other than a manufacturer, producer, distributor, wholesaler, or retailer of an Electronic Smoking Device) that compares information available from a commercially available database, or aggregate of databases that regularly are used but government and businesses for the purpose of age and indent verification to personal information provided during an internet sale or other remote method of sale to establish that the purchaser if eighteen (18) years of age or older.

      (2)    "Child" means a person who is under eighteen (18) years of age.

      (3)    "Distribute" means to furnish, give, or provide an Electronic Smoking Device to the ultimate consumer of an Electronic Smoking Device.

      (4)    "Proof of Age" means a driver's license, a commercial driver's license, a military identification card, a birth certificate, a passport, or an identification card issued under Sections 4507.50 to 4507.52 of the Revised Code that shows that a person is eighteen (18) years of age or older.

   (b)    No manufacture, producer, distributor, wholesaler, or retailer of an Electronic Smoking Device, no agent, employee, or representative of a manufacture, producer, distributor, wholesaler, or retailer of an Electronic Smoking Device, and no other persona shall do any of the following:

      (1)    Give, sell, or otherwise distribute an Electronic Smoking Device to any child.

      (2)    Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to obtain an Electronic Smoking Device.

      (3)    Give, sell, or otherwise distribute an Electronic Smoking Device over the internet or through another remote method without age verification.

   (c)    The following are affirmative defenses to a charge under division (b)(1) of this Section:

      (1)    The Child was accompanied by a parent, spouse who is eighteen (18) years of age or older, or legal guardian of the child.

      (2)    The person who gave, sold or distributed Electronic Smoking Devices to a child under division (b)(1) of this Section is a parent, spouse who is eighteen (18) years of age or older, or legal guardian of the child.

   (d)    It is not a violation of division (b)(1) or (2) of this Section for a person to give or otherwise distribute to a child Electronic Smoking Devices while the child is participating in a research protocol if all of the following apply:

      (1)    The parent or legal guardian of the child has consented in writing to the child participating in the research protocol.

      (2)    A review board sanctioned by the appropriate federal or state agency, or an equivalent entity, has approved the research protocol.

      (3)    The child is participating in the research protocol at the facility or location specified in the research protocol.

   (e)   (1)    Whoever violates division (b)(1) or (3) of this Section is guilty of illegal distribution of Electronic Smoking Devices. Except as otherwise provided in this division, illegal distribution of an Electronic Smoking Device is a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (b)(1) or (3) of this Section, illegal distribution of Electronic Smoking Device is a misdemeanor of the second degree.

      (2)    Whoever violates division (b)(2) of this Section is guilty of permitting a child to use an Electronic Smoking Device. Except as otherwise provided in this division, permitting a child to use Electronic Smoking is a misdemeanor of the third degree. If the offender previously has been convicted of a violation of division (b)(2) of this Section, permitting a child to use an Electronic Smoking device is a misdemeanor of the second degree. (Ord. 2020-04. Passed 2-18-20.)