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(10) "Youth smoking education program'' means a private or public agency program that is related to
<br />tobacco use, prevention, and cessation, that is carried out or fi tided by the department of
<br />health pursuant to section 3701$4 of the Revised Code, that utilizes educational methods
<br />focusing on the negative health effects of smoking and using tobacco products, and that is
<br />not more than twelve hours in duration.
<br />(Ord. 2019-80. passed 11-6-19.)
<br />557.02 ILLEGAL DISTRIBUTION OF OR PERMITTING INDIVIDUALS UNDER THE
<br />AGE OF TWENTY-ONE YEARS TO USE CIGARETTES, ELECTRONIC CIGARETTES,
<br />OR OTHER TOBACCO OR ALTERNATE NICOTINE PRODUCTS.
<br />(a) No manufacturer, producer, distributor, wholesaler, or retailer of electronic cigarettes, cigarettes, other
<br />tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or
<br />representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, electronic cigarettes,
<br />other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall
<br />du any of the following:
<br />(1) Give, sell, or otherwise distribute cigarettes, electronic cigarettes, other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes to any child;
<br />(2) Give away, sell, or distribute cigarettes, electronic cigarettes, other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes in any place that does not have posted
<br />in a conspicuous place a sign stating that giving, selling, or otherwise distributing
<br />cigarettes, other tobacco products, alternative nicotine products, or papers used to roll
<br />cigarettes to a person under twenty-one years of age is prohibited by law,
<br />(3) Knowingly furnish any false information regarding the name, age, or other identification of any
<br />individual with purpose to obtain cigarettes, electronic cigarettes, other tobacco products,
<br />alternative nicotine products, or papers used to roll cigarettes for that individual;
<br />(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer
<br />than twenty cigarettes or any package of roll -your -own tobacco containing less than six -
<br />tenths of one ounce of tobacco,
<br />(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other
<br />container by the manufachuet;
<br />(6) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or
<br />tobacco products other than cigarettes over the internet or through another remote method
<br />without age verification;
<br />(7) Give, sell, or otherwise distribute electronic cigarettes, or any component necessary for the function
<br />thereof (except power supplies / batteries) to any person without first requesting and
<br />receiving proof of age_
<br />(b) No person shall sell or offer to sell cigarettes, electronic cigarettes, other tobacco products, or alternative
<br />nicotine products by or from a vending machine, except in the following locations:
<br />(1) An area within a factory, business, office, or other place not open to the general public;
<br />(2) An area to which children are not generally permitted access;
<br />(3) Any other place not identified in subsection (b)(1) or (2) of this section, upon all of the following
<br />conditions:
<br />A. I he vending machine is located within the immediate vicinity, plain view, and control of the person
<br />who owns or operates the place, or an employee of that person, so that all
<br />cigarettes, other tobacco product, and alternative nicotine product purchases from
<br />the vending machine will be readily observed by the person who owns or operates
<br />the place or an employee of that person. For the purpose of this section, to vending
<br />machine located in any unmonitored area, including an unmonitored coatroom,
<br />restroom, hallway, or outer waiting area, shall not be considered located within the
<br />immediate vicinity, plain view, and control of the person who owns or operates the
<br />place, or an employee of that person.
<br />B. The vending machine is inaccessible to the public when the facility is closed.
<br />(c) The following are affirmative defenses to a charge under subsection (a)(1) of this section_
<br />(1) A child was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian
<br />of the child.
<br />(2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco products,
<br />alternative nicotine products, or papers used to roll cigarettes to a child under subsection
<br />(b)( I ) of this section is a parent, spouse who is twenty-one years of age or older, or legal
<br />guardian of child.
<br />(d) ft is not a violation of subsection (a)(I ) or (2) of this section for a person to give or otherwise distribute to
<br />a child cigarettes, electronic cigarettes other tobacco products, alternative nicotine products, or papers used to
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