(a) As used in this section:
"Age verification" has the same meaning as in R.C. § 2927.02.
"Alternative nicotine product" has the same meaning as in R.C. § 2927.02.
"Cigarette" includes clove cigarettes and hand-rolled cigarettes.
"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.
"Electronic liquid" has the same meaning as in R.C. § 2927.02.
"Electronic smoking device" has the same meaning as in R.C. § 2927.02.
"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 R.C. §§ 4507.50 to 4507.52 that shows that a person is 21 years of age or older.
"Tobacco product" has the same meaning as in R.C. § 2927.02.
"Vapor product" has the same meaning as in R.C. § 2927.02.
"Vending machine" has the same meaning as "coin machine" in R.C. § 2913.01.
(b) No manufacturer, producer distributor, wholesaler, or retailer of cigarettes, other tobacco products, alternative nicotine products, or any papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of 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 away, sell, or otherwise distribute cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes;
A. To any person under 21 years of age; or
B. Without first verifying proof of age.
(2) Give away, sell, or otherwise distribute 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 legibly printed sign in letters at least one-half inch high stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any person under 21 years of age with purpose to obtain cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes for that person;
(4) Manufacture, sell, or otherwise distribute in this state any pack or other container of cigarettes containing fewer than 20 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 away, 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) Allow an employee under 18 years of age to sell any tobacco product;
(8) Give away or otherwise distribute free samples of cigarettes, other tobacco products, alternative nicotine products, or coupons redeemable for cigarettes, other tobacco products, or alternative nicotine products:
A. To any person under 21 years of age;
B. Without first verifying proof of age;
C. In a manner prohibited under, or in accordance with R.C. Chapter 1333 or 1345; or
D. Without first paying the taxes levied on such cigarettes, other tobacco products, or alternative nicotine products under, or in accordance with R.C. Chapter 5743.
(c) No person shall sell or offer to sell 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 persons under 21 years of age are not generally permitted access;
(3) Any other place not identified in division (c)(1) or (c)(2) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plan 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 place is closed.
C. A clearly visible notice is posted in the area where the vending machine is located that states the following in letters that are legibly printed and at least one-half inch high:
"IT IS ILLEGAL FOR ANY PERSON UNDER THE AGE OF 21 TO PURCHASE TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS."
(d) The following are affirmative defenses to a charge under division (b)(1) of this section:
(1) The person under 21 years of age was accompanied by a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
(2) The person who gave, sold, or distributed cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person under 21 years of age under division (b)(1) of this section is a parent, spouse who is 21 years of age or older, or legal guardian of the person under 21 years of age.
(e) (1) It is not a violation of division (b)(1) or (b)(2) of this section for a person to give or otherwise distribute to a person under 21 years of age cigarettes, other tobacco products, alternative nicotine products, or papers used to roll cigarettes while the person under 21 years of age is participating in a research protocol if all of the following apply:
A. The parent, guardian, or legal custodian of the person under 21 years of age has consented in writing to the person under 21 years of age participating in the research protocol.
B. An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.
C. The person under 21 years of age is participating in the research protocol at the facility or location specified in the research protocol.
(2) It is not a violation of division (b)(1) or (b)(2) of this section for an employer to permit an employee 18, 19, or 20 years of age to sell a tobacco product.
(f) (1) No delivery service shall accept from, transport or deliver to, or allow pick-up by, a person under 21 years of age with respect to any of the following:
A. Alternative nicotine products;
B. Papers used to roll cigarettes;
C. Tobacco products other than cigarettes.
(2) A delivery service shall require proof of age as a condition of accepting, transporting, delivering, or allowing pickup of the items described in divisions (f)(1)A. to C. of this section.
(g) Whoever violates division (b)(1), (b)(2), (b)(4), (b)(5), (b)(6), (b)(7), or (b)(8), (c), or (f) of this section is guilty of illegal distribution of cigarettes, other tobacco products, or alternative nicotine products a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to illegal distribution of cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(h) Whoever violates division (b)(3) of this section is guilty of permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (b)(3) of this section, permitting a person under 21 years of age to use cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the third degree.
(i) Any cigarettes, other tobacco products, alternative nicotine products, or paper used to roll cigarettes that are given, sold, or otherwise distributed to a person under 21 years of age in violation of this section and that are used, possessed, purchased, or received by a person under 21 years of age in violation of R.C. § 2151.87 are subject to seizure and forfeiture as contraband under R.C. Chapter 2981.
(j) No person under the age of 21 years shall use, possess, obtain, order, pay for, share the cost of, purchase or attempt to purchase any cigarettes, cigars, other tobacco products, or alternative nicotine products in any form or quantity.
(k) No person under the age of 21 years shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or otherwise obtaining cigarettes, cigars, other tobacco products, or alternative nicotine products in any form or quantity.
(l) Whoever violates divisions (j) or (k) of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(m) Any person under the age of 18 years who violates any of the provisions of this section shall be apprehended as a juvenile delinquent, taken before the Juvenile Court of Cuyahoga County and so charged.
(Ord. 151-23. Passed 10-16-23.)