557.01 Definitions.
557.02 Illegal distribution of or permitting individuals under the age of twenty-one years to use cigarettes, electronic cigarettes, or other tobacco or alternate nicotine products.
557.03 Reserved.
557.04 Responsibility of owner, lessee, agent or employee.
557.05 Immunity of license holder, agent or employee.
557.06 Possession, use, purchase or receiving electronic cigarettes, cigarettes or other tobacco or alternative nicotine products prohibited by minors.
557.07 Possession, use, purchase or receiving electronic cigarettes, cigarettes or other tobacco or alternative nicotine products prohibited by persons under twenty-one years of age.
557.99 Penalty.
CROSS REFERENCES
Selling cigarettes below cost - see Ohio R.C. 1333.11
Sale of cigarettes to minors - see Ohio R.C. 2927.02
Cigarette tax - see Ohio R.C. Ch. 5743
(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) "Alternative nicotine product" means, subject to subsection (a)(2)A. 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.
A. "Alternative nicotine product" does not include any of the following:
(i) Any cigarette or other tobacco product;
(ii) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(iii) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(iv) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(3) "Child" means a person who is under eighteen (18) years of age.
(4) "Cigarette" includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials. "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, electronic pipe or "vaping" device.
B. "Electronic cigarette" does not include any item, product, or device described in subsections (a)(2)A.(i) to (iv) of this section.
(7) "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.
(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 sections 4507.50 to 4507.52 of the Revised Code that shows that a person is twenty-one years of age or older.
(9) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the Revised Code.
(10) "Youth smoking education program" means a private or public agency program that is related to tobacco use, prevention, and cessation, that is carried out or funded by the department of health pursuant to section 3701.84 of the Revised Code, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than twelve hours in duration.
(Ord. 2019-80. Passed 11-6-19.)
(a) No manufacturer, producer, distributor, wholesaler, or retailer of electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall do any of the following:
(1) Give, sell, or otherwise distribute cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to any child;
(2) Give away, sell, or distribute cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under twenty-one years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any individual with purpose to obtain cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that individual;
(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or tobacco products other than cigarettes over the internet or through another remote method without age verification;
(7) Give, sell, or otherwise distribute electronic cigarettes, or any component necessary for the function thereof (except power supplies / batteries) to any person without first requesting and receiving proof of age.
(b) No person shall sell or offer to sell cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products by or from a vending machine, except in the following locations:
(1) An area within a factory, business, office, or other place not open to the general public;
(2) An area to which children are not generally permitted access;
(3) Any other place not identified in subsection (b)(1) or (2) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of that person, so that all cigarettes, other tobacco product, and alternative nicotine product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that 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 place, or an employee of that person.
B. The vending machine is inaccessible to the public when the facility is closed.
(c) The following are affirmative defenses to a charge under subsection (a)(1) of this section:
(1) A child was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian of the child.
(2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a child under subsection (b)(1) of this section is a parent, spouse who is twenty-one years of age or older, or legal guardian of the child.
(d) It is not a violation of subsection (a)(1) or (2) of this section for a person to give or otherwise distribute to a child cigarettes, electronic cigarettes other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply:
(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.
(2) An institutional human subjects protection review board, 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 subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section is guilty of illegal distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, illegal distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section, illegal distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(2) Whoever violates subsection (a)(3) of this section is guilty of permitting persons under the age of twenty-one years to use cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products. Except as otherwise provided in this division, permitting persons under the age of twenty-one years to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (a)(3) of this section, permitting persons under the age of twenty-one years to use cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(f) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to any individual in violation of this section and that are used, possessed, purchased, or received by any individual in violation of Chapter 557 of the Codified Ordinance of the City of North Olmsted are subject to seizure and forfeiture as contraband under Chapter 2981 of the Revised Code. (Ord. 2019-80. Passed 11-6-19.)
EDITOR’S NOTE: Former Section 557.03 was repealed by Ordinance 2018-115. This section is reserved for future legislation.
The owner of a building or premises and the person renting or leasing them, or the owner or lessor of any cigarette vending machine or his agent or employee who knowingly allows or permits cigarettes or tobacco products to be sold therein or therefrom in violation of this chapter is liable under Section 557.99. (Ord. 2019-80. Passed 11-6-19.)
No license holder, his agent or employee may be found guilty of violation of any section of this chapter where age is an element of the offense, if any court determines that the person buying, at the time of so doing, exhibited to the license holder, his agent or employee, an operator's or chauffeur's license showing that such person was then of legal age to buy cigarettes or tobacco products; and if such license holder, his agent or employee made a bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time of purchase, to ascertain that the description on the identification presented, compared with the visual description of the buyer, and that the identification presented had not been altered in any way, and if the license holder, his agent or employee had reason to believe that the person buying was of legal age.
(Ord. 2019-80. Passed 11-6-19.)
(a) No child shall do any of the following unless accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child:
(1) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(4) Except as provided in subsection (d) hereof, accept or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying for, accepting, or receiving electronic cigarettes, it is a violation of this section regardless of whether electronic cigarette in question actually contains nicotine or any other substance capable of producing a vapor.
(b) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(c) A juvenile court may adjudicate a child a delinquent or unruly child for a violation of subsection (a)(1), (2), (3), or (4) or (b) of this section.
(d) (1) It is not a violation of subsection (a)(4) of this section for a child to accept or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes if the child is required to do so in the performance of the child's duties as an employee of that child's employer and the child's acceptance or receipt of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes occurs exclusively within the scope of the child's employment.
(2) It is not a violation of subsection (a)(1), (2), (3), or (4) of this section if the child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes are sold or distributed.
(3) It is not a violation of subsection (a)(1) or (4) of this section for a child to accept, receive, use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while participating in a research protocol if all of the following apply:
A. The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.
B. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
C. The child is participating in the research protocol at the facility or location specified in the research protocol.
(e) If a juvenile court finds that a child violated subsection (a)(1), (2), (3), or (4) or (b) of this section, the court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars.
(f) If a child disobeys a juvenile court order issued pursuant to subsection (e) of this section, the court may do any or all of the following:
(1) Increase the fine imposed upon the child under subsection (e)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days the temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(g) A child alleged or found to have violated subsection (a) or (b) of this section shall not be detained under any provision of this chapter or any other provision of the Revised Code. (Ord. 2019-80. Passed 11-6-19.)
(a) No person under twenty-one years of age shall do any of the following:
(1) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
(4) Except as provided in subsection (c) hereof, accept or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying for, accepting, or receiving electronic cigarettes, it is a violation of this section regardless of whether electronic cigarette in question actually contains nicotine or any other substance capable of producing a vapor.
(b) No person under twenty-one years of age shall knowingly furnish false information concerning that person's name, age, or other identification for the purpose of obtaining electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(c) (1) It is not a violation of subsection (a)(4) of this section for a person under twenty-one years of age to accept or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes if the person is required to do so in the performance of the person's duties as an employee of that person's employer and the person's acceptance or receipt of cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes occurs exclusively within the scope of the person's employment.
(2) It is not a violation of subsection (a)(1), (2), (3), or (4) of this section if the person possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes are sold or distributed.
Whoever violates Section 557.07 is guilty of possessing, using, purchasing or receiving electronic cigarettes, cigarettes, or other tobacco or nicotine products while under the age of twenty-one years, a minor misdemeanor, punishable by a fine of up to one hundred and fifty dollars ($150.00), or up to two (2) hours of community service or mandatory attendance at or participation in an educational program designed to assist in the cessation of nicotine use as established by the City of North Olmsted. (Ord. 2019-80. Passed 11-6-19.)
Except as otherwise set forth in this chapter, whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree, except that a juvenile offender under the age of eighteen shall be proceeded against as may be appropriate under Ohio R.C. Ch. 2151 or this Code. (Ord. 2019-80. Passed 11-6-19.)