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roll cigarettes while the child is participating in a research protocol if all of the following apply
<br />(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in
<br />the research protocol.
<br />(2) An institutional human subjects protection review board, or an equivalent entity, has approved the
<br />research protocol -
<br />(3) The child is participating in the research protocol at the facility or location specified in the research
<br />protocol.
<br />(c) (1) Whoever violates subsection (a)(]), (2), (4), (5), (6), (7) or (b) of this section is guilty of illegal
<br />distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
<br />nicotine products. Except as otherwise provided in this division, illegal distribution of
<br />cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is
<br />a misdemeanor of the fourth degree. If the offender previously has been convicted of a
<br />violation of subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section, illegal distribution
<br />of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products
<br />is a misdemeanor of the third degree.
<br />(2) Whoever violates subsection (a)(3) of this section is guilty of permitting persons under the age of
<br />twenty-one years to use cigarettes, electronic cigarettes, other tobacco products, or
<br />alternative nicotine products- Except as otherwise provided in this division, permitting
<br />persons under the age of twenty-one years to use cigarettes, other tobacco products, or
<br />alternative nicotine products is a misdemeanor of the fourth degree. If the offender
<br />previously has been convicted of a violation of subsection (a)(3) of this section,
<br />permitting persons under the age of twenty-one years to use cigarettes, electronic
<br />cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the
<br />third degree -
<br />(f) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used
<br />to roll cigarettes that are given, sold, or otherwise distributed to any individual in violation ofthis section and
<br />that are used, possessed, purchased, or received by any individual in violation of Chapter 557 of the Codified
<br />Ordinance of the City of North Olmsted are .subject to seizure and forfeiture as contraband under Chapter 2981
<br />of the Revised Code. (Ord_ 2019-80. Passed I 1-6 19.)
<br />557.03 RESERVED.
<br />FDITOR'S NOTE: Former Section 5S7 03 was repealed by Ordinance 2018-115. This section is reserved for
<br />future legislation.
<br />557.04 RESPONSIBILITY OF OWNER, LESSEE, AGENT OR EMPLOYEE.
<br />The owner of a building or premises and the person renting or leasing them, or the owner or lessor of any
<br />cigarette vending machine or his agent or employee who knowingly allows or permits cigarettes or tobacco
<br />products to be sold therein or therefrom in violation of this chapter is liable under Section 557.99. (Ord. 2019-
<br />80. Passed II -6-19.)
<br />557.05 IMMUNITY OF LICENSE HOLDER, AGENT OR EMPLOYEE.
<br />No license holder, his agent or employee may be found guilty of violation of any section of this chapter where
<br />age is an element of the offense, if any court determines that the person buying, at the time of so doing, exhibited
<br />to the license holder, his agent or employee, an operator's or chauffeur's license showing that such person was
<br />then of legal age to buy cigarettes or tobacco products; and if such license holder, his agent or employee made a
<br />bona tide effort to ascertain the true age of the person burying by checking the identification presented at the time
<br />of purchase, to ascertain that the description on the identification presented, compared with the visual
<br />description of the buyer, and that the identification presented had not been altered in any way, and if the license
<br />holder, his agent or employee had reason to believe that the person buying was of legal age.
<br />(Ord. 2019-80. Passed I1-6-19.)
<br />557.06 POSSESSION, USE, PURCHASE OR RECEIVING ELECTRONIC CIGARETTES,
<br />CIGARETTES OR OTHER "TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS
<br />PROHIBITED BY MINORS.
<br />(a) No child shall do any of the following unless accompanied by a parent, spouse who is eighteen years of
<br />age or older, or legal guardian of the child:
<br />(1) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
<br />products, or papers used to roll cigarettes;
<br />(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes;
<br />(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco products, alternative
<br />nicotine products, or papers used to roll cigarettes;
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