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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.)