As used in this chapter:
(a) “Department” means the Columbus City Health Department and its authorized employees and agents.
(b) “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 electronic cigarette, electronic cigar, electronic pipe, vaping pen or electronic 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 as a cessation product by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(c) “Flavored Shisha Tobacco Product” means a Flavored Tobacco Product smoked or intended to be smoked in a Hookah. “Flavored Shisha Tobacco Product” includes, and may be referred to as, Hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh.
(d) “Flavored Tobacco Product” means any Tobacco Product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. There shall be a rebuttable presumption that a Tobacco Product is a “Flavored Tobacco Product” if:
(1) The Tobacco Product uses text or images, or both, on the Tobacco Product’s labeling or packaging to explicitly or implicitly indicate that the Tobacco Product imparts a taste or smell other than tobacco; or
(2) A public statement or claim made or disseminated by the manufacturer or retailer of a Tobacco Product, or by any person authorized or permitted by the manufacturer or retailer to make or disseminate public statements concerning such Tobacco Product, that such Tobacco Product has or produces a taste or smell other than tobacco; or
(3) There are actions directed to consumers that would reasonably be expected to cause consumers to believe that the Tobacco Product imparts a taste or smell other than tobacco.
(e) “Hookah” means a type of water pipe that is used to smoke Shisha Flavored Tobacco Products or any other Tobacco Product, which has a long, flexible tube to draw aerosol through water. This device has components that may include heads, stems, bowls, and hoses.
(f) “Licensee” means a Retailer that has been issued a Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license for a Retail Tobacco Establishment by the Department.
(g) “Person” means any individual, firm, corporation, business trust, estate, trust, association, syndicate, partnership, cooperative, governmental agency or any other entity recognized by law. “Person” does not include a wholesale dealer as defined in section 5743.01(B) of the Ohio Revised Code, a distributor as defined in section 5743.01(K)(2) or (K)(3) of the Ohio Revised Code, or a vapor distributor as defined in section 5743.01 (V)(1), (V)(4) or (V)(5) of the Ohio Revised Code when the dealer or distributor is acting in a dealer or distributor capacity.
(h) "Proof of Age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under Sections 4507.50 to 4507.52 of the Ohio Revised Code demonstrating that the recipient or purchaser is at least twenty-one (21) years of age.
(i) "Retailer" means any person engaged in the business of Retail Tobacco Product Sales or Temporary Retail Tobacco Product Sales.
(j) "Retail Tobacco Establishment" means the location of any physical place of business or section of a physical place of business where Retail Tobacco Product Sales or Temporary Retail Tobacco Product Sales are made. The term shall also include those portions of any physical place of business where Vending Machines that dispense Tobacco Products are located.
(k) “Retail Tobacco Product Sales” means the act of giving, selling or otherwise distributing Tobacco Products in a retail setting, including but not limited to gas stations, convenience stores, carry out markets, groceries, supermarkets, retail warehouse clubs, drug stores, liquor stores, vape shops, and hookah bars or lounges.
(l) “Temporary Retail Tobacco Product Sales” means the act of giving, selling or otherwise distributing Tobacco Products at an event for not more than thirty (30) consecutive days.
(m) “Tobacco Product” means any product that is made from or derived from tobacco or that contains any form of nicotine, natural or synthetic, that 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, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, smokeless tobacco, snuff, or snus. The term “Tobacco Product” also means any component or accessory used in the consumption of a Tobacco Product, such as filters, rolling papers, pipes, blunt or hemp wraps, Hookahs, flavor enhancers, mouthpieces, and pipes and substances used in Electronic Smoking Devices, whether or not they contain nicotine. “Tobacco Product” does not include drugs, devices, or combination products authorized for sale as a cessation product by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(n) "Underage Buy Attempt" means an individual, authorized by the Department, who is:
(1) Under the age of twenty-one (21) and requests purchase of Tobacco Products at a Retail Tobacco Establishment; or
(2) Under the age of thirty (30) and requests purchase of Tobacco Products at a Retail Tobacco Establishment without presenting proof of age as defined in subsection (h) hereof.
(o) "Underage Buy Attempt" means a person, authorized by the Department, who is:
(1) Under the age of twenty-one (21) and requests purchase of Tobacco Products at a Retail Tobacco Establishment; or
(2) Under the age of thirty (30) and requests purchase of Tobacco Products at a Retail Tobacco Establishment without presenting proof of age as defined in subsection (h) hereof.
(p) "Vending Machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin, bill, token, credit card, or other electronic payment including, but not limited to, a card, code, device, or other means of access to a customer's account, made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, token, credit card, or other electronic payment automatically dispenses property, provides a service, or grants a license.
(Ord. 25-2023. Passed 11-20-23.)