(a) Definitions for the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Electronic Smoking Device" any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(2) "Tobacco Product Paraphernalia" any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of nicotine to include, but not limited to pipes, rolling papers, and electronic cigarette cases.
(3) "Tobacco Product" any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The term also includes tobacco product paraphernalia, including but not limited to, electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(b) Except as otherwise provided by Divisions (D) and (E) of Section 2927.02 of the Ohio Revised Code, 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;
(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.
(c) 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 subsection (c)(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.
(d) As used in this section, "vending machine" has the same meaning as "coin machine" as defined in Section 2913.01 of the Revised Code.
(e) All manufacturers, producers, distributors, wholesalers, or retailers of cigarettes, other tobacco products, or tobacco product paraphernalia shall comply with any lawful registration requirements promulgated by the Summit County Combined General Health District.
(f) 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 $500 will be issued for a second violation of this section. A civil fine of $1000 will be issued for all subsequent violations.
(g) 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 21 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.
(h) Notwithstanding any other provision of this title, authority to issue penalties under this section shall rest with the Summit County Combined General Health District. penalties shall only be issued under this section following:
(1) The execution of a written agreement between the City and the Summit County Combined General Health District granting authority to issue such penalties; and
(2) The adoption of regulations by the Summit County Combined General Health District relating to the enforcement of this section.
(Ord. 36-2019. Passed 4-25-19.)