(A) Distribution, display, and sale of smoking products or smoking paraphernalia on any public right-of-way, city park, or any city-owned building or facility is hereby prohibited.
(B) Cigarette vending machines.
(1) Subject to the defenses provided in division (2) below, it shall be unlawful for any business owner, manager, or employee in control of cigarette vending machines within the city to intentionally, knowingly, recklessly, or with criminal negligence allow the display or use of any cigarette vending machine upon any property within the city.
(2) It is a defense to prosecution under the provisions of this division (B) that:
(a) The cigarette vending machine is situated in a premise where entry by any person under 18 years of age is prohibited by law, or
(b) The cigarette vending machine is located in a workplace with the permission of the employer, provided that the employer has no persons under the age of 18 years employed at the workplace, and further provided that the cigarette vending machine is situated at a location within the workplace to which persons other than those employed at the workplace are not permitted to have access.
(Ord. 699, passed 7-10-2018) Penalty, see § 134.99