537.16 ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS.

   (a)   As used in this section:

      (1)   “Child” has the same meaning as in Ohio R.C. 2151.011.

      (2)   “Cigarette” includes clove cigarettes and hand-rolled cigarettes.

      (3)   “Distribute” means to furnish, give, or provide cigarettes, other tobacco products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, or papers used to roll cigarettes.

      (4)   “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 Ohio R.C. 4507.50 to 4507.52 that shows that a person is eighteen years of age or older.

      (5)   “Tobacco product” means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.

      (6)   “Vending machine” has the same meaning as “coin machine” in Ohio R.C. 2913.01.

   (b)   No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, no agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and no other person shall do any of the following:

      (1)   Give, sell, or otherwise distribute cigarettes, other tobacco products, or papers used to roll cigarettes to any child;

      (2)   Give away, sell or distribute cigarettes, other tobacco products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling, or otherwise distributing cigarettes, other tobacco products, or papers used to roll cigarettes to a person under eighteen years of age is prohibited by law;

      (3)   Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to obtain cigarettes, other tobacco products, or papers used to roll cigarettes for that child.

   (c)   No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine, except in the following locations:

      (1)   An area within a factory, business, office, or other place not open to the general public;

      (2)   An area to which children are not generally permitted access;

      (3)   Any other place not identified in subsection (c)(1) or (2) 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 that person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of that 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 that person.

         B.   The vending machine is inaccessible to the public when the place is closed.

   (d)   The following are affirmative defenses to a charge under subsection (b)(1) of this section:

      (1)   The child was accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child.

      (2)   The person who gave, sold, or distributed cigarettes, other tobacco products, or papers used to roll cigarettes to a child under subsection (b)(1) of this section is a parent, spouse who is eighteen years of age or older, or legal guardian of the child.

   (e)   It is not a violation of subsection (b)(1) or (2) of this section for a person to give or otherwise distribute to a child cigarettes, other tobacco products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply:

      (1)   The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.

      (2)   An institutional human subjects protection review board, or an equivalent entity, has approved the research protocol.

      (3)   The child is participating in the research protocol at the facility or location specified in the research protocol.

   (f)   (1)   Whoever violates subsection (b)(1) or (2) or (c) of this section is guilty of illegal distribution of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (b)(1) or (2) or (c) of this section, illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.

      (2)   Whoever violates subsection (b)(3) of this section is guilty of permitting children to use cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of subsection (b)(3) of this section, permitting children to use cigarettes or other tobacco products is a misdemeanor of the third degree.

   (g)   Any cigarettes, other tobacco products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to a child in violation of this section and that are used, possessed, purchased, or received by a child in violation of Ohio R.C. 2151.87 are subject to seizure and forfeiture as contraband under Ohio R.C. 2933.42 and 2933.43. (ORC 2927.02)