59-08 Amend Sanitary Code - Laserfiche WebLink

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1725.01 DEFINITIONS. As used in this chapter, certain terms are defined as follows: ~ (a) "Alcoholic beverage" means and includes alcohols, spirits, wine and beer sold for human consumption. (b) "Vendor" means any person who owns or operntes a business establishment such as a bar or restaurant, which sells at retail any alcoholic beverages for orv~premises consumption; and any person who owns or operates a concession, or any other business which includes the retail sale of alcoholic beverages. The term shall not include the Ohio Liquor Control Board, its agents and employees who manage or operate Ohio liquor stores under the provisions of the Ohio Liquor Code. 1725.02 PREGNANCY WARNING SIGN REQUIREMENTS; DISTRIBUTION. (a) All vendors of alcoholic beverages shall have posted in a conspicuous place, a whiff sign with black letters, measuring approximately eight and one-half inches by eleven inches, provided bq the Lakewood Health Department. The sign shall read "WAIWING, DRINKING ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE HIRTH DEFECTS" (b) The Lakewood Health Department shall make such warning signs available to vendors of alcoholic beverages and shall promulgate requirements with respect to the posting of such sigts. 1725.03 ENFORCEMENT. Enforcement ofihis chapter shall be under authority of thelakewoed Health Commissioner 1725.99 PENALTY. Whoever violates Section 1725.02, after the time specified in a written notice of noncompliance from the Health Commissioner, is guilty of a minor misdemeanor CHAPTER 1727 Cigarette and Tobacco Vendors: Sales to Minors 1727.01 DEFINITIONS. As used in this chapter: (a) "License" means a license issued by the City of Lakewood for retail sale of tobacco products. (b) "Licensee" means the holder of a valid license for the retail sale of tobacco products. (c) "Minor" means any person under eighteen years of age. (d) "Public place" means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right of way, mall or shoppingcenter, park, playground and any other property owned by the CiTy, and any sohool district or any parkdistrict. (e) "Retailer" means a person or entity who offers or sells tobacco products or accessories to consumers. (t) "Retail tobacco store" means a retail stare utlized primarily for the sale of wbacco products and accessories and in which the sale of other products is merely incidental. (g) "Self~service displays" means open displays of tobacco products and point-of~sale tobacco promotional products that the public has access to without the intervention of a store employee. (h) "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other form of tobacco or tobacco papers which may be utilized for smoking, chewing inhalation or other means of ingestion. (i) "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks or slugs. Q) "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession afthe product until after it is purchased. 1727.02 POSTING OF SIGNS. Every place in the City where tobacco products are sold shall display at alt fimes in a prominent place ofthe premises thereof, a printed card which shall be furnished by [he City and which shall read substantially as follows' "Under the ordinances of the City of Lakewood, it is unlawfu6to sell, give or famish to a person under eighteen years of age a cigarette or other tobacco products." 1727.03 H)ENTIFICATION REQUlliED. No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining photographic identification for the purpose of establishing the purchaser's age as eighteen or greater 1727.04 L[CENSE REQIIIRED. It shalt be unlawful for a retailer to seH, give, furnish or otherwise provide cigarettes or other tobacco products unless that retailer holds and maintains a valid license from the City of Lakewood for each location in which tobacco products are sold, All such licenses shall he renewed annually This section shall be effective forty days from the date Council adopts Chapter 1727 1727.05 FEE. The fee For obtaining or renewing a license shall be established by the Health Commissioner or his designee, and shall be sufficient to fund the administration, implementation and enforcement of this chapter 1727.06 NONTRANSFERABffiTY. A tobacco retail license is nontransferable, except a new license will be issued to a tobacco retailer who changes location. 1727.07 TOBACCO VENDING MACHINES; ILLEGAL DISTRDIUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS TO MINORS. (a) Any persoq firm or corporation that owns, leases, possesses or controls one or more tobacco vending machines sha71 obtain a valid license for each machine pursuant to Section 1727 04. (b) A licensee, or any agent, employee or representative of said licensee, convicted of violatlng Section 521 14 of the Lakewood Codified Ordinances shall have his or her license subject to suspension pursuant to Section 1727 ] 1