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B. To which persons under the age of eighteen years are not generally <br />permitted access; <br />(2) In any other place not identified in division (b)(1) of this section, <br />upon all of the following conditions: <br />A. The vending machine is located within the immediate vicinity, plain <br />view, and control of the person who owns or operates the place, or an <br />employee of such person, so that all alternative nicotine products, <br />cigarettes and other tobacco product purchases from the vending <br />machine will be readily observed by the person who owns or operates <br />the place or any employee of such person. For the purpose of this <br />section, a vending machine located in any unmonitored area, including <br />an unmonitored coatroom, restroom, hallway, or outer waiting area, <br />shall not be considered located within the immediate vicinity, plain <br />view, and control or the person who owns or operates the place, or an <br />employee of such person. <br />B. The vending machine is inaccessible to the public when the place is <br />closed. <br />(c) As used in this section, "vending machine" has the same meaning as <br />"coin machine" as defined in Section 2913.01 of the Revised Code. <br />(d) As used in this section <br />(1) "Alternative nicotine products" means an electronic cigarette or any <br />other product or device that consists of or contains nicotine that can be <br />ingested into the body by any means, including. but not limited to, <br />chewing, smoking, absorbing, dissolving, or inhaling. <br />(2) "Electronic cigarette" means any electronic product or device that <br />produces a vapor that delivers nicotine or any other substance to the <br />person inhaling from the device to simulate smoking and that is likely <br />to be offered to or purchased by consumers as an electronic cigarette, <br />electronic cigar, electronic cigarillo, or electronic pipe. <br />(3) "Alternative nicotine products" and 'electronic cigarette" do not <br />include any cigarette or other tobacco product: any product that is a <br />"drug" as that term is defined in 21 U.S.C. 321 (g)(1); any product that <br />is a "device" as that term is defined in 21 U.S.C. 32(h); or any product <br />that is a "combination product' as described in 21 U.S.C. 353(8). <br />(e) Whoever violates this section is guilty of illegal distribution of <br />alternative nicotine products, cigarettes or other tobacco products, a <br />misdemeanor of the fourth degree. If the offender previously has been <br />convicted of a violation of this section, then illegal distribution of <br />alternative nicotine products, cigarettes or other tobacco products is a <br />misdemeanor of the third degree. <br />13 <br />