517.45 DISTRIBUTION OF TOBACCO PRODUCTS WITHOUT A LICENSE.
(a) No retailer of tobacco products, or product paraphernalia shall give, sell, or otherwise distribute cigarettes, other tobacco products, papers used to roll cigarettes, or other product paraphernalia without a valid license issued by the Franklin County Board of Health;
(b) As used in this section, "tobacco product" means 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 an electronic smoking device 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.
(c) As used in this section "product paraphernalia" means any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of tobacco product to include, but not limited to pipes, rolling papers, and electronic smoking devices.
(d) As used in this section "Electronic smoking device" means 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 ore-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.
(e) Whoever violates this section is guilty of distribution of cigarettes, or other tobacco products, or product paraphernalia without a license, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, section 517.46
of the Whitehall City Code, or Section 2927.02 of the Ohio Revised Code, then the retailer shall be denied a license for distribution of cigarettes or other tobacco products or product paraphernalia for a period not to exceed five (5) years.
(f) Fines are to be deposited into a "Tobacco Enforcement and Education Fund" to be administered by the Public Service Department, reinvested for enforcement, community education, and compliance efforts towards state and local tobacco product sales and use laws.
(g) The provisions of Section 517.45
are hereby declared to be severable, and if any part of this section is held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this section that can be given effect.
(h) The Franklin County Board of Health is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this section in order to protect the public health, safety and welfare. (Ord. 002-2023. Passed 1-17-23.)