(a) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, or other tobacco products, or any agent, employee, or representative of the manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, or other tobacco products shall do any of the following:
(1) Give, sell, or otherwise distribute cigarettes to other tobacco products to any person under 18 years of age;
(2) Give away, sell, or distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating "giving, selling or otherwise distributing cigarettes or other tobacco products to a person under 18 years of age is prohibited by law".
(b) No person shall sell or offer to sell cigarettes or other tobacco products 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 18 years are not generally permitted access.
(2) In any other place not identified in division (b) 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 any employee of such person, so that all cigarettes and other tobacco product purchases 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 Ohio R.C. 2913.01.
(d) Whoever violates this section is guilty of illegal distribution of cigarettes and other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of this section, then illegal distribution of cigarettes and other tobacco products is a misdemeanor of the third degree.
(Ord. 2001-38. Passed 5-15-01.)