868.02  ILLEGAL DISTRIBUTION OF CIGARETTES, TOBACCO PRODUCTS, OR TOBACCO PRODUCT PARAPHERNALIA.
   (a)   Except as otherwise provided by divisions (D) and (E) of R.C. § 2927.02, no manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or tobacco product paraphernalia or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or tobacco product paraphernalia shall do any of the following:
      (1)   Give, sell, or otherwise distribute cigarettes, other tobacco products, or tobacco product paraphernalia to any person under twenty-one years of age; provided, the sale or distribution of cigarettes, tobacco products or tobacco may be sold or otherwise distributed to a person under twenty-one years of age if such person is over eighteen years of age and is currently enlisted in the United States armed forces;
      (2)   Give away, sell, or distribute cigarettes, other tobacco products, or tobacco product paraphernalia in any place that does not have posted in a conspicuous place sign stating that giving, selling, or otherwise distributing cigarettes or other tobacco products to a person under twenty-one years of age is prohibited by law; provided, the sale or distribution of cigarettes, tobacco products or tobacco may be sold or otherwise distributed to a person under twenty-one years of age if such person is over eighteen years of age and is currently enlisted in the United States armed forces.
   (b)   No person shall sell or offer to sell cigarettes, tobacco products, or tobacco product paraphernalia by or from a vending machine except in the following locations:
      (1)   An area either:
         A.   Within a factory, business office, or other place not open to the general public; or
         B.   To which persons under the age of twenty-one years are not generally permitted access.
      (2)   In any other place not identified in division (b)(1) 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 such person, so that all purchases of cigarettes, tobacco products, or tobacco product paraphernalia from the vending machine will be readily observed by the person who owns or operates the place 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 place, or an employee of such person.
         B.   The vending machine is inaccessible to the public when the place is closed.
         C.   As used in this section, "vending machine" has the same meaning as "coin machine" as defined in R.C. § 2913.01.
         D.   All manufacturers, producers, distributors, wholesalers, or retailers of cigarettes, other tobacco products, or tobacco product paraphernalia shall comply with any applicable certification requirements promulgated by the Summit County Combined General Health District.
         E.   Whoever violates this section shall be subject to a civil penalty for illegal distribution of cigarettes, tobacco products, or tobacco product paraphernalia. Whoever violates this section shall not be subject to a fine for a first violation. A civil fine of five hundred dollars ($500.00) will be issued for a second violation of this section. A civil fine of one thousand dollars ($1,000) will be issued for all subsequent violations.
         F.   All fines collected by the Summit County Combined General Health District pursuant to this section shall be utilized for efforts to prevent smoking initiation by persons under the age of twenty-one or for efforts to promote smoking cessation, including supports for those who will no longer be able to purchase cigarettes or other tobacco products pursuant to this section.
         G.   Notwithstanding any other provision of this chapter, enforcement authority of this section shall rest with the Summit County Combined General Health District pursuant to R.C. § 3709.281. Enforcement of this chapter, including the issuance of penalties, shall only be undertaken following the adoption of regulations by the Summit County Combined General Health District relating to the enforcement of this chapter.
(Ord. 73-2018.  Passed 7-9-18.)