(a) No person under twenty one (21) years of age shall purchase, procure, or attempt to purchase or procure any cigarettes, cigars, tobacco products or product paraphernalia.
(b) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes or other tobacco products, or any agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes, cigars, tobacco products or product paraphernalia shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes, cigars, tobacco products or tobacco product paraphernalia to any person under twenty one (21) years of age;
(2) Give away, sell or distribute cigarettes, cigars, tobacco products or tobacco product paraphernalia in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes or other tobacco products to a person under twenty one (21) years of age is prohibited by law.
(c) No person shall sell or offer to sell cigarettes, cigars, tobacco products or tobacco product paraphernalia by or from a vending machine except 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 (21) years are not generally permitted access;
(2) In any other place not identified in subsection (b)(1) hereof, upon both 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 adult employee of such person, so that all cigarettes, cigars, tobacco products or tobacco product paraphernalia purchases from the vending machine will be readily observed by the person who owns or operates the place or an adult employee of such person. For the purpose of this section, a vending machine located in any un-monitored area, including an un-monitored 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 adult 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 531.01.
(e) All manufacturers, producers, distributors, wholesalers, or retailers of cigarettes, other tobacco products, or tobacco product paraphernalia shall comply with any applicable certification 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 parapherlnalia. Whoever violates this Section shall not be subject to a fine for a first violation. A civil fine of $500.00 will be issued for a second violation of this Section. A civil fine of $1,000.00 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 not longer be able to purchase cigarettes or other tobacco products pursuant to this Section.
(h) Notwithstanding any other provision of this title, enforcement authority of this Section shall rest with the Summit County Combined General Health District pursuant to ORC §3709.281. Enforcement of this Ordinance, including the issuance of penalties, shall only be undertaken following the adoption of regulations by the Summit County Combined General Health District relating to the enforcement of this chapter. (Ord. 33-2019. Passed 3-19-19.)