(a) Tobacco Product Sample Sales Prohibited. No person, manufacturer, producer, distributor, wholesaler of or retailer of cigarettes or tobacco products, tobacco retailer, or tobacco retail establishment, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler of or retailer of cigarettes or other tobacco products, tobacco retailer, or tobacco retail establishment shall knowingly distribute or furnish without charge or at nominal charge, or cause to be furnished or distributed without charge or at a nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores for the purpose of promoting cigarettes or other tobacco products. Pursuant to this chapter and pursuant to Chapter 744 of the Oxford Municipal Code.
(b) Vendor Assisted Sales. It shall be unlawful for any person, manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, Tobacco retailer, or tobacco retail establishment, or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, tobacco retailer, or tobacco retail establishment to distribute or furnish without charge or at nominal charge, or cause to be furnished or distributed without charge or at a nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, by means of self-service displays, vending machines, or any other means other than vendor assisted sales pursuant to this chapter and to Chapter 744 of the Oxford Municipal Code.
(c) No person, manufacturer, producer, distributor, or wholesaler of tobacco products, tobacco retailer, or tobacco retail establishment; or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler of tobacco products, tobacco retailer, or tobacco retail establishment, shall do any of the following:
(1) Give, sell, or otherwise distribute tobacco products to any person without first acquiring a tobacco retailer license pursuant to Chapter 744 of the Oxford Municipal Code;
(2) Give, sell or otherwise distribute tobacco products to any person under twenty-one years of age as prescribed under this chapter and under Chapter 744 of the Oxford Municipal Code.
(d) Penalty. Whoever violates this section is guilty of illegal distribution or sale of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of this section, Ohio R.C. 2927.02 or a similar municipal ordinance, illegal distribution or sale of cigarettes or other tobacco products is a misdemeanor of the third degree.
(e) Organizational Liability. Pursuant to Codified Ordinances Section 501.11, it is the intent to impose organizational liability for violation of this section committed by and officer, agent, or employee of a business or organization while acting on behalf of the business or organization and within the scope of the officer's, employee's or agent's office or employment.
(f) Any violation of this section is also a violation of Chapter 744 of the Oxford Municipal Code governing licensing and conduct requirements for any tobacco retailer or tobacco retail establishment. A violation of this section shall subject the offender to the penalties prescribed under this section and to those prescribed under Chapter 744 of the Oxford Municipal Code.
(g) For the purposes of this section, "tobacco product" has the same definition and meaning as prescribed by Chapter 744 of the Oxford Municipal Code.
(Ord. 3731. Passed 8-1-23.)