(a) Definitions:
(1) "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, emitted either prior to or during consumption of a tobacco product. "Characterizing Flavor" includes tastes or aromas relating to food or drink of any sort, menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herbs, or spices.
(2) "Electronic Smoking Device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "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 any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(3) "Flavored Electronic Smoking Device" means any Electronic Smoking Device with a Characterizing Flavor.
(4) "Flavored Vapor Product" means any Vapor Product with a Characterizing Flavor.
(5) "Pre-Filled Flavored Vapor Cartridge" means a cartridge containing Flavored Vapor Product that is filled and sealed at the point of manufacture.
(6) "Retail Vapor Product Specialty Business" means a commercial establishment in which the sale of Vapor Products and Electronic Smoking Devices accounts for more than 60% of the total gross receipts for the establishment.
(7) "Vapor Product" means a product, other than a cigarette or other tobacco product as defined in Chapter 5743 of the Ohio Revised Code, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor Product" includes any component, part, or additive that is intended for use in an Electronic Smoking Device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. "Vapor Product" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). "Vapor product" includes any product containing nicotine, regardless of concentration.
(b) Only Retail Vapor Product Specialty Businesses may engage in the sale of Flavored Vapor Products or Flavored Electronic Smoking Devices. Pre-Filled Flavored Vapor Cartridges shall not be sold in the City.
(c) Whoever violates this section is guilty of illegal distribution of Flavored Vapor Products, Flavored Electronic Smoking Devices, or Pre-Filled Flavored Vapor Cartridges, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of this section, then illegal distribution Flavored Vapor Products, Flavored Electronic Smoking Devices or Pre-Filled Flavored Vapor Products is a misdemeanor of the third degree. A minimum fine shall be fixed by the court as follows:
(1) If a first time offender is an organization as defined in Section 501.11(d), the court shall impose a fine of not less than two hundred fifty dollars ($250.00).
(2) If the offender is an organization and has previously been convicted of a violation of this section, then the court shall impose a fine of not less than five hundred dollars ($500.00).
(3) If a first time offender is not an organization, the court shall impose a fine of not less than fifty dollars ($50.00).
(4) If an offender is not an organization and has previously been convicted of a violation of this section, then the court shall impose a fine of not less than one hundred dollars ($100.00).
(Ord. 569-19. Passed 12-10-19.)