§ 2329.14. Illegal Distribution of tobacco products.

(A)

No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphernalia, or any agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or other tobacco products or product paraphenalia shall do any of the following:

(1)

Give, sell, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia to any person under Twenty-one (21) years of age;

(2)

Give, sell, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, or other tobacco products , or product paraphernalia to a person under Twenty-one (21) years of age is prohibited by law.

(3)

Give, sell, or otherwise distribute cigarettes, other tobacco products, or product paraphernalia without viewing proof of age demonstrating the recipient is at least Twenty-one (21) years of age, except that no such verification is required for a recipient over the age of Thirty (30). That a person appeared to be over the age of Thirty (30) shall not constitute a defense to a violation of this section.

(B)

No person shall give, sell or offer to sell cigarettes, other tobacco products, or product paraphernalia by or from a vending machine.

(C)

As used in this section, "vending machine" means any mechanical or electronic device designed to do both of the following:

(1)

Receive a coin, bill, token, or credit card, including, but not limited to, a card, code, device, or other means of access to a customer's account, made for that purpose;

(2)

In return for the insertion or deposit of a coin, bill, token, or credit card, automatically dispense property, provide a service, or grant a license.

(D)

As used in this section, "tobacco product" and "product paraphernalia" has the same meaning as defined in Section 2329.13 of the Columbus City Code.

(E)

As used in this section "proof of age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under Sections 4507.50 to 4507.52 of the Ohio Revised Code demonstrating that the recipient or purchaser is at least 21 years of age.

(F)

Whoever violates this section is guilty of illegal distribution of cigarettes, other tobacco products, or product paraphernalia a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of this section, Section 2329.13 of the Columbus City Code, or Section 2927.02 of the Ohio Revised Code, then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.

(G)

Fines are to be deposited into a "Tobacco Enforcement and Education Fund" administered by the Columbus Health Department, to be reinvested for enforcement, community education, and compliance efforts towards state and local tobacco product sales and use laws.

(H)

The provisions of Section 2329.14 are hereby declared to be severable, and if any part of this section is held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such a ruling shall not affect the other parts of this section that can be given effect.

(Ord. No. 3156-2016 , § 2, 12-12-2016)