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102A Offenses Against Persons 537.16
<br />537.16 ILLEGAL DISTRIBUTION OF CIGARETTES OR OTHER
<br />TOBACCO PRODUCTS.
<br />(a) As used in this section:
<br />(1) "Child" has the same meaning as in Ohio R.C. 2151.011.
<br />(2) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
<br />(3) "Distribute" means to furnish, give, or provide cigarettes, other tobacco
<br />products, or papers used to roll cigarettes to the ultimate consumer of the
<br />cigarettes, other tobacco products, or papers used to roll cigarettes.
<br />(4) "Proof of age" means a driver's license, a commercial driver's license, a
<br />military identification card, a passport, or an identification card issued
<br />. under Ohio R.C. 4507.50 to 4507.52 that shows that a person is eighteen
<br />years of age or older.
<br />(5) "Tobacco product" means any product that is made from tobacco,
<br />including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing
<br />tobacco, or snuff.
<br />(6) "Vending machine" has the same meaning as "coin machine" in Ohio R.C.
<br />2913.01.
<br />(b) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other
<br />'tobacco products, or papers used to roll cigarettes, no agent, employee, or representative of a
<br />manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products,
<br />or papers used to roll cigarettes, and no other person shall do any of the following:
<br />(1) Give, sell, or otherwise distribute cigarettes, other tobacco products, or
<br />papers used to roll cigarettes to any child;
<br />(2) Give away, sell or distribute cigarettes, other tobacco products, or papers
<br />used to roll cigarettes in any place that does not have posted in a
<br />conspicuous place a sign stating that giving, selling, or otherwise
<br />distributing cigarettes, other tobacco products, or papers used to roll
<br />cigarettes to a person under eighteen years of age is prohibited by law;
<br />(3) Knowingly furnish any false information regarding the name, age, or other
<br />identification of any child with purpose to obtain cigarettes, other tobacco
<br />products, or papers used to roll cigarettes for that child.
<br />(c) No person shall sell or offer to sell cigarettes or other tobacco products by or from
<br />a vending machine, except in the following locations:
<br />(1) An area within a factory, business, office, or other place not open to the
<br />general public;
<br />(2) An area to which children are not generally permitted access;
<br />(3) Any other place not identified in subsection (c)(1) or (2) 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
<br />an employee of that person, so that all cigarettes and other tobacco
<br />product purchases from the vending machine will be readily
<br />observed by the person who owns or operates the place or an
<br />employee of that person. For the purpose of this section, a vending
<br />machine located in any unmonitored area, including an unmonitored
<br />. coatroom, restroom, hallway, or outer waiting area, shall not be
<br />considered located within the immediate vicinity, plain view, and
<br />control of the person who owns or operates the place, or an
<br />employee of that person..
<br />2003 Replacement
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