22-14 Amend Section 521.14 Sale of Tobacco to Minors Prohibited

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ORDINANCE NO. 22-14': BY; Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. AN ORDINANCE to take effect immediately provided it receives an affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 521.14, Sale of Tobacco to Minors Prohibited; Vending Machines, of the Codified Ordinances of the City of Lakewood to align local and state code with respect to the sale of alternative nicotine products. WHEREAS, Section 521.14, Sale of Tobacco to Minors Prohibited; Vending Machines, of the Codified Ordinances prohibits sellers of tobacco products and other persons from selling and otherwise conveying those products to minors; and WHEREAS, 130 Sub. H.B. 144, which is fully effective August 2, 2014, extends those same prohibitions to the sale and conveyance of e- cigarettes and other alternative nicotine products; and WHEREAS, the code therefore stands to be amended in order to align the Codified Ordinances with the Ohio Revised Code; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five members thereof determines that this ordinance is an emergency measure, that this ordinance shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend -ed Charter of the City of Lakewood and that it is necessary for the immediate preserva -tion of the public property health and safety and to provide for the usual daily operation of municipal departments in that the affected merchants in Lakewood should comply with this law without delay; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 521.14, Sale of Tobacco to Minors Prohibited; Vending Machines, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 521.14 SALE OF TOBACCO TO MINORS PROHIBITED; VENDING MACHINES. (a) 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 or other tobacco products shall do any of the following: (1) Give, sell, or otherwise distribute cigarettes or other tobacco products to any person under eighteen years of age; (2) Give away, sell, or distribute cigarettes or other tobacco products in any place that does not have posted in a conspicuous place a sign stating giving, selling, or otherwise distributing cigarettes or other tobacco products to a person under eighteen years of age is prohibited by law.