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

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B. To which persons under the age of eighteen years are not generally permitted access; (2) In any other place not identified in division (b)(1) 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 such person, so that all alternative nicotine products, cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or any employee of such 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 or the person who owns or operates the place, or an employee of such person. B. The vending machine is inaccessible to the public when the place is closed (c) As used in this section, `bending machine" has the same meaning as `coin machine" as defined in Section 2913.01 of the Revised Code. (d) As used in this section: (1) "Alternative nicotine products" means an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. (2) "Electronic cigarette" means any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. "Alternative nicotine products" and `electronic cigarette" do not include any cigarette or {e) Whoever violates this section is guilty of illegal distribution of alternative nicotine products, cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of this section, then illegal distribution of alternative nicotine products, cigarettes or other tobacco products is a misdemeanor of the third degree. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five members of Council this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise shall take effect and be in force after the earliest period allowed by law.