[2022-106 Amend Code 557.pdf]
CITY OF NORTH OLMSTED
ORDINANCE NO. 2022 - 106
BY:
Mayor Jones
AN ORDINANCE AMENDING CHAPTER 557 OF THE
GENERAL OFFENSES CODE OF THE CITY OF NORTH
OLMSTED, ENTITLED “SALE OF CIGARETTES AND
TOBACCO
PRODUCTS”
IN
ORDER
TO
UPDATE
REGULATIONS FOR THE SALE TO OR POSSESSION OF
CIGARETTES, ELECTRONIC CIGARETTES, OR OTHER
TOBACCO OR ALTERNATE NICOTINE PRODUCTS BY
INDIVIDUALS UNDER 21 YEARS OF AGE, AND DECLARING
AN EMERGENCY.
WHEREAS, smoking is the number one cause of preventable death worldwide; and
WHEREAS, smoking and the use of other tobacco products, including cigars and smokeless
tobacco, causes or worsens numerous diseases and conditions; and
WHEREAS, according to the American Lung Association, a tobacco product is any product
containing, made or derived from tobacco or nicotine and can include commercial cigarettes, e-
cigarettes or vape pens, smokeless tobacco, little cigars, snuff/snus, or other nicotine containing
products; and
WHEREAS, it is the desire of Council to amend this legislation to include more information
on electronic cigarettes, vape pens, other tobacco or alternative nicotine products, age requirements,
points of sale and to clarify definitions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1: That Chapter 557 of the General Offenses Code of the City of North Olmsted,
entitled, “Sale of Cigarettes and Tobacco Products” which currently reads as set forth on Exhibit A,
shall be amended and, as amended, shall read in its entirety as set forth on the attached Exhibit B.
SECTION 2: That any Ordinance or parts of Ordinances inconsistent with or in conflict with
this Ordinance, to the extent of any such inconsistency or conflict with this Ordinance, be and hereby
are repealed.
SECTION 3: That this Ordinance is hereby declared to be an emergency measure
immediately necessary for the preservation of the public health, safety and welfare and for the further
reason that it is immediately necessary that this legislation go into effect immediately to mirror state
law on a local level.
ATTEST:
_______________________________
__________________________
BEATRICE TAYLOR
LOUIS J. BROSSARD
Clerk of Council
President of Council
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr. ______
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law
---
[2022-106 Amend Code 557 Exhibit A.pdf]
CHAPTER 557
Sale of Cigarettes and Tobacco Products
557.01 Definitions.
557.02 Illegal distribution of or permitting individuals under the age of twenty-one years to use
cigarettes, electronic cigarettes, or other tobacco or alternate nicotine products.
557.03 Reserved.
557.04 Responsibility of owner, lessee, agent or employee.
557.05 Immunity of license holder, agent or employee.
557.06 Possession, use, purchase or receiving electronic cigarettes, cigarettes or other tobacco
or alternative nicotine products prohibited by minors.
557.07 Possession, use, purchase or receiving electronic cigarettes, cigarettes or other tobacco
or alternative nicotine products prohibited by persons under twenty-one years of age.
557.99 Penalty.
CROSS REFERENCES
Selling cigarettes below cost - see Ohio R.C. 1333.11
Sale of cigarettes to minors - see Ohio R.C. 2927.02
Cigarette tax - see Ohio R.C. Ch. 5743
557.01 DEFINITIONS.
(a) As used in this Chapter:
(1) "Age verification" means a service provided by an independent third party (other than a manufacturer,
producer, distributor, wholesaler, or retailer of cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes) that compares information
available from a commercially available database, or aggregate of databases, that
regularly are used by government and businesses for the purpose of age and identity
verification to personal information provided during an internet sale or other remote
method of sale to establish that the purchaser is twenty-one years of age or older.
(2) "Alternative nicotine product" means, subject to subsection (a)(2)A. of this section, an electronic
cigarette or any other product or device that consists of or contains nicotine that can be
ingested into the body by any means, including, but not limited to, chewing, smoking,
absorbing, dissolving, or inhaling.
A. "Alternative nicotine product" does not include any of the following:
(1) Any cigarette or other tobacco product;
(ii) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(iii) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(iv) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(3) "Child" means a person who is under eighteen (18) years of age.
(4) "Cigarette" includes any roll for smoking made wholly or in part of tobacco, irrespective of size or
shape, and whether or not such tobacco 1s flavored, adulterated or mixed with any other
ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette
tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials.
"Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(5) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(6) A. "Electronic cigarette" means, subject to subsection (a)(6)B. of this section, any electronic product or
device that produces a vapor that delivers nicotine or any other substance to the
person inhaling from the device to simulate smoking and that is likely to be
offered to or purchased by consumers as an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or "vaping" device.
B. "Electronic cigarette" does not include any item, product, or device described in subsections (a)(2)A.(1)
to (iv) of this section.
(7) "Tobacco product" means any product that is made from tobacco, including, but not limited to, a
cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff.
(8) "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 Revised
Code that shows that a person is twenty-one years of age or older.
(9) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the Revised Code.
(10) "Youth smoking education program" means a private or public agency program that is related to
tobacco use, prevention, and cessation, that is carried out or funded by the department of
health pursuant to section 3701.84 of the Revised Code, that utilizes educational methods
focusing on the negative health effects of smoking and using tobacco products, and that 1s
not more than twelve hours in duration.
(Ord. 2019-80. Passed 11-6-19.)
557.02 ILLEGAL DISTRIBUTION OF OR PERMITTING INDIVIDUALS UNDER THE
AGE OF TWENTY-ONE YEARS TO USE CIGARETTES, ELECTRONIC CIGARETTES,
OR OTHER TOBACCO OR ALTERNATE NICOTINE PRODUCTS.
(a) No manufacturer, producer, distributor, wholesaler, or retailer of electronic cigarettes, cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes, no agent, employee, or
representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, electronic cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll cigarettes, and no other person shall
do any of the following:
(1) Give, sell, or otherwise distribute cigarettes, electronic cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes to any child;
(2) Give away, sell, or distribute cigarettes, electronic cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes in any place that does not have posted
in a conspicuous place a sign stating that giving, selling, or otherwise distributing
cigarettes, other tobacco products, alternative nicotine products, or papers used to roll
cigarettes to a person under twenty-one years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any
individual with purpose to obtain cigarettes, electronic cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes for that individual;
(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer
than twenty cigarettes or any package of roll-your-own tobacco containing less than six-
tenths of one ounce of tobacco;
(5) Sell cigarettes or alternative nicotine products in a smaller quantity than that placed in the pack or other
container by the manufacturer;
(6) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll cigarettes, or
tobacco products other than cigarettes over the internet or through another remote method
without age verification;
(7) Give, sell, or otherwise distribute electronic cigarettes, or any component necessary for the function
thereof (except power supplies / batteries) to any person without first requesting and
receiving proof of age.
(b) No person shall sell or offer to sell cigarettes, electronic cigarettes, other tobacco products, or alternative
nicotine products by or from a vending machine, except in the following locations:
(1) An area within a factory, business, office, or other place not open to the general public;
(2) An area to which children are not generally permitted access;
(3) Any other place not identified in subsection (b)(1) or (2) of this section, upon all of the following
conditions:
A. The vending machine is located within the immediate vicinity, plain view, and control of the person
who owns or operates the place, or an employee of that person, so that all
cigarettes, other tobacco product, and alternative nicotine product purchases from
the vending machine will be readily observed by the person who owns or operates
the place or an employee of that person. For the purpose of this section, a vending
machine located in any unmonitored area, including an unmonitored coatroom,
restroom, hallway, or outer waiting area, shall not be considered located within the
immediate vicinity, plain view, and control of the person who owns or operates the
place, or an employee of that person.
B. The vending machine is inaccessible to the public when the facility is closed.
(c) The following are affirmative defenses to a charge under subsection (a)(1) of this section:
(1) Achild was accompanied by a parent, spouse who is twenty-one years of age or older, or legal guardian
of the child.
(2) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes to a child under subsection
(b)(1) of this section is a parent, spouse who is twenty-one years of age or older, or legal
guardian of the child.
(d) It is not a violation of subsection (a)(1) or (2) of this section for a person to give or otherwise distribute to
a child cigarettes, electronic cigarettes other tobacco products, alternative nicotine products, or papers used to
roll cigarettes while the child is participating in a research protocol if all of the following apply:
(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in
the research protocol.
(2) An institutional human subjects protection review board, or an equivalent entity, has approved the
research protocol.
(3) The child is participating in the research protocol at the facility or location specified in the research
protocol.
(e) (1) Whoever violates subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section is guilty of illegal
distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
nicotine products. Except as otherwise provided in this division, illegal distribution of
cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is
a misdemeanor of the fourth degree. If the offender previously has been convicted of a
violation of subsection (a)(1), (2), (4), (5), (6), (7) or (b) of this section, illegal distribution
of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products
is a misdemeanor of the third degree.
(2) Whoever violates subsection (a)(3) of this section is guilty of permitting persons under the age of
twenty-one years to use cigarettes, electronic cigarettes, other tobacco products, or
alternative nicotine products. Except as otherwise provided in this division, permitting
persons under the age of twenty-one years to use cigarettes, other tobacco products, or
alternative nicotine products is a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of subsection (a)(3) of this section,
permitting persons under the age of twenty-one years to use cigarettes, electronic
cigarettes, other tobacco products, or alternative nicotine products is a misdemeanor of the
third degree.
(f) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine products, or papers used
to roll cigarettes that are given, sold, or otherwise distributed to any individual in violation of this section and
that are used, possessed, purchased, or received by any individual in violation of Chapter 557 of the Codified
Ordinance of the City of North Olmsted are subject to seizure and forfeiture as contraband under Chapter 2981
of the Revised Code. (Ord. 2019-80. Passed 11-6-19.)
557.03 RESERVED.
EDITOR’S NOTE: Former Section 557.03 was repealed by Ordinance 2018-115. This section is reserved for
future legislation.
557.04 RESPONSIBILITY OF OWNER, LESSEE, AGENT OR EMPLOYEE.
The owner of a building or premises and the person renting or leasing them, or the owner or lessor of any
cigarette vending machine or his agent or employee who knowingly allows or permits cigarettes or tobacco
products to be sold therein or therefrom in violation of this chapter is liable under Section 557.99. (Ord. 2019-
80. Passed 11-6-19.)
557.05 IMMUNITY OF LICENSE HOLDER, AGENT OR EMPLOYEE.
No license holder, his agent or employee may be found guilty of violation of any section of this chapter where
age is an element of the offense, if any court determines that the person buying, at the time of so doing, exhibited
to the license holder, his agent or employee, an operator's or chauffeur's license showing that such person was
then of legal age to buy cigarettes or tobacco products; and if such license holder, his agent or employee made a
bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time
of purchase, to ascertain that the description on the identification presented, compared with the visual
description of the buyer, and that the identification presented had not been altered in any way, and if the license
holder, his agent or employee had reason to believe that the person buying was of legal age.
(Ord. 2019-80. Passed 11-6-19.)
557.06 POSSESSION, USE, PURCHASE OR RECEIVING ELECTRONIC CIGARETTES,
CIGARETTES OR OTHER TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS
PROHIBITED BY MINORS.
(a) No child shall do any of the following unless accompanied by a parent, spouse who 1s eighteen years of
age or older, or legal guardian of the child:
(1) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes;
(4) Except as provided in subsection (d) hereof, accept or receive electronic cigarettes, cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying for, accepting, or
receiving electronic cigarettes, it is a violation of this section regardless of whether electronic cigarette in
question actually contains nicotine or any other substance capable of producing a vapor.
(b) No child shall knowingly furnish false information concerning that child's name, age, or other
identification for the purpose of obtaining electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes.
(c) A juvenile court may adjudicate a child a delinquent or unruly child for a violation of subsection (a)(1),
(2), (3), or (4) or (b) of this section.
(d) (1) Itis nota violation of subsection (a)(4) of this section for a child to accept or receive electronic
cigarettes, cigarettes, other tobacco products, alternative nicotine products, or papers used
to roll cigarettes if the child is required to do so in the performance of the child's duties as
an employee of that child's employer and the child's acceptance or receipt of cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll cigarettes
occurs exclusively within the scope of the child's employment.
(2) It is not a violation of subsection (a)(1), (2), (3), or (4) of this section if the child possesses, purchases
or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives
electronic cigarettes, cigarettes, other tobacco products, alternative nicotine products, or
papers used to roll cigarettes while participating in an inspection or compliance check
conducted by a federal, state, local, or corporate entity at a location at which cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll cigarettes are
sold or distributed.
(3) Itis not a violation of subsection (a)(1) or (4) of this section for a child to accept, receive, use,
consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes while participating in a research
protocol if all of the following apply:
A. The parent, guardian, or legal custodian of the child has consented in writing to the child participating
in the research protocol.
B. An institutional human subjects protection review board, or an equivalent entity, has approved the
research protocol.
C. The child is participating in the research protocol at the facility or location specified in the research
protocol.
(e) Ifajuvenile court finds that a child violated subsection (a)(1), (2), (3), or (4) or (b) of this section, the
court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other smoking treatment program
approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars.
(f) Ifa child disobeys a juvenile court order issued pursuant to subsection (e) of this section, the court may do
any or all of the following:
(1) Increase the fine imposed upon the child under subsection (e)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days the temporary instruction permit, probationary driver's license, or
driver's license issued to the child.
(g) Achild alleged or found to have violated subsection (a) or (b) of this section shall not be detained under
any provision of this chapter or any other provision of the Revised Code. (Ord. 2019-80. Passed 11-6-19.)
557.07 POSSESSION, USE, PURCHASE OR RECEIVING ELECTRONIC CIGARETTES,
CIGARETTES OR OTHER TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS
PROHIBITED BY PERSONS UNDER TWENTY-ONE YEARS OF AGE.
(a) No person under twenty-one years of age shall do any of the following:
Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes;
(4) Except as provided in subsection (c) hereof, accept or receive electronic cigarettes, cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying for, accepting,
or receiving electronic cigarettes, it is a violation of this section regardless of whether electronic cigarette in
question actually contains nicotine or any other substance capable of producing a vapor.
(b) No person under twenty-one years of age shall knowingly furnish false information concerning that
person's name, age, or other identification for the purpose of obtaining electronic cigarettes, cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes.
(c) (1) Itis nota violation of subsection (a)(4) of this section for a person under twenty-one years of age to
accept or receive electronic cigarettes, cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes if the person is required to do so in the
performance of the person's duties as an employee of that person's employer and the
person's acceptance or receipt of cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes occurs exclusively within the scope of the
person's employment.
(2) Itis not a violation of subsection (a)(1), (2), (3), or (4) of this section if the person possesses,
purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or
receives electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes while participating in an inspection or
compliance check conducted by a federal, state, local, or corporate entity at a location at
which cigarettes, other tobacco products, alternative nicotine products, or papers used to
roll cigarettes are sold or distributed.
Whoever violates Section 557.07 is guilty of possessing, using, purchasing or receiving electronic cigarettes,
cigarettes, or other tobacco or nicotine products while under the age of twenty-one years, a minor misdemeanor,
punishable by a fine of up to one hundred and fifty dollars ($150.00), or up to two (2) hours of community
service or mandatory attendance at or participation in an educational program designed to assist in the cessation
of nicotine use as established by the City of North Olmsted. (Ord. 2019-80. Passed 11-6-19.)
557.99 PENALTY.
Except as otherwise set forth in this chapter, whoever violates any provision of this chapter 1s guilty of a
misdemeanor of the first degree, except that a juvenile offender under the age of eighteen shall be proceeded
against as may be appropriate under Ohio R.C. Ch. 2151 or this Code. (Ord. 2019-80. Passed 11-6-19.
CHAPTER 557
Sale of Cigarettes and Other Tobacco Products
557.01 Definitions.
557.02 Illegal distribution of or permitting individuals under the age of twenty-one (21)
years to use cigarettes, electronic cigarettes, or other tobacco or alternate nicotine
products.
557.03 Responsibility of owner, lessee, agent, or employee.
557.04 Immunity of license holder, agent, or employee.
557.05 Possession, use, purchase, or receiving electronic cigarettes, cigarettes or other
tobacco or alternative nicotine products prohibited by persons under the age of 21.
557.06 Vendor-Assisted Sales.
557.99 Penalty.
557.01 DEFINITIONS.
(a) As used in this Chapter:
(1)"Age verification" means a service provided by an independent third party (other than a
manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes) that compares
information available from a commercially available database, or aggregate of databases,
that regularly are used by government and businesses for the purpose of age and identity
verification to personal information provided during an internet sale or other remote
method of sale to establish that the purchaser is twenty-one years of age or older.
(2)" Alternative nicotine product" means an electronic smoking device, vapor product, or any
other product or device that consists of or contains nicotine that can be ingested into the
body by any means, including, but not limited to chewing, smoking, absorbing, dissolving, or
inhaling. "Alternative nicotine product" does not include any of the following:
(a) Any cigarette or other tobacco product;
(b) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(c) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(d) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(3) “Cigarette” means a tube-shaped tobacco product that is wrapped in thin paper. It is lit
on one end and smoked, and the smoke is usually inhaled into the lungs. A “cigarette” is made
wholly or in part of finely cut and cured tobacco leaves, and may contain other products such
as herbs, menthol, or other flavorings. “Cigarette” includes clove and hand-rolled cigarettes.
(4) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of
the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll
cigarettes.
(5) “Electronic smoking device" means any device that can be used to deliver aerosolized or
vaporized nicotine or any other substance to the person inhaling from the device including
an electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen,
or electronic pipe. "Electronic smoking device" does not include any product that is a drug,
device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and
353(g). See also “vapor product”.
(6)"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 R.C. that shows that a person is twenty-one years of age or older.
(7) “Tobacco product” means any product that is made or derived from tobacco or that
contains any form of nicotine, if it is intended for human consumption or is likely to be
consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by
any other means, including but not limited to, a cigarette, electronic smoking device, cigar,
cigarillo, little cigar, pipe tobacco, chewing tobacco, snuff, snus. “Tobacco product” also
means any component or accessory used in the consumption of a tobacco product, such as
filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking
devices, whether or not they contain nicotine. “Tobacco product” does not include any
product that is a drug, device, or combination product, as those terms are defined in 21 U.S.C.
321 and 353(g).
(8) “Vapor product” means a product, other than a cigarette or other tobacco product as
defined herein, that contains or is made or derived from nicotine and that is intended and
marketed for human consumption, including by smoking, inhaling, snorting, or sniffing.
“Vapor product” includes any component part, or additive that is intended for use in an
electronic smoking device, a mechanical heating element, battery, or electronic circuit and is
used to deliver the product. “Vapor product” does not include any product that is a drug,
device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and
353(g). “Vapor product” includes any product containing nicotine, regardless of
concentration. See also “electronic smoking device.”
(9) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the
Ohio Revised Code.
(10) “Youth-oriented facility” means any facility with residents, customers, visitors, or
inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells,
rents, or offers services or products that are consumed or used primarily by persons under
the age of 21. “Youth-oriented facility” includes, but is not limited to, schools, playgrounds,
recreation centers, and parks.
(11) "Youth smoking education program" means a private or public agency program that is
related to tobacco use, prevention, and cessation, that is carried out or funded by the Ohio
Department of Health pursuant to section 3701.84 of the Ohio Revised Code, or by another
appropriate funding source, that utilizes educational methods focusing on the negative
health effects of smoking and using tobacco products, and that is not more than twelve hours
in duration.
557.02 ILLEGAL DISTRIBUTION OF OR PERMITTING INDIVIDUALS UNDER THE AGE OF
TWENTY-ONE (21) YEARS TO USE CIGARETTES, ELECTRONIC CIGARETTES, OR OTHER
TOBACCO OR ALTERNATE NICOTINE PRODUCTS.
(1) No person, manufacturer, producer, distributor, wholesaler, or retailer, including any
agent, employee or representative thereof, of electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products or papers used to roll cigarettes, shall do any of the
following:
(a) Give, sell, or otherwise distribute cigarettes, electronic cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes to any person under
the age of 21;
(b) Give away, sell, or otherwise distribute cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place
that does not have posted in a conspicuous place a sign stating that giving, selling, or
otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or
papers used to roll cigarettes to a person under twenty-one years of age;
(c) Knowingly furnish any false information regarding the name, age, or other
identification of any individual with purpose to obtain cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes for that
person;
(d) Manufacture, sell, or distribute any pack or other container of cigarettes
containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing
less than six-tenths of one ounce of tobacco;
(e) Sell cigarettes or alternative nicotine products in a smaller quantity than that
placed in the pack or other container by the manufacturer;
(f) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll
cigarettes, or tobacco products other than cigarettes over the internet or through another
remote method without age verification;
(g) Give, sell, or otherwise distribute electronic cigarettes, or any component
necessary for the function thereof (except power supplies/batteries) to any person without
first requesting and receiving proof of age;
(2) The following are affirmative defenses to a charge under 557.02(1) of this section:
(a) A person under the age of 18 was accompanied by a parent or the legal guardian
of the person.
(b) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person
under the age of 18 is a parent or legal guardian of the person.
(c) It is not a violation of this section for a person to give or otherwise distribute to a
person under the age of 21 cigarettes, electronic cigarettes other tobacco products,
alternative nicotine products, or papers used to roll cigarettes while the individual is
participating in a research protocol if all of the following apply:
(i) The person is over the age of 18 or the parent, guardian, or legal custodian of the
person under the age of 18 has consented in writing to the person participating in the
research protocol.
(ii) A human subjects Institutional Review Board, or an equivalent entity, has
approved the research protocol.
(iii) The person under 21 years of age is participating in the research protocol at the
facility or location specified in the research protocol.
(3) Whoever violates 557.02 (1)(a), (b), (d), (e), (f) or (g) of this section is guilty of illegal
distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
nicotine products. Except as otherwise provided in this division, illegal distribution of
cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is a
misdemeanor of the fourth degree. If the offender previously has been convicted of a
violation of subsection 557.02 (1)(a), (b), (d), (e), (f) or (g) of this section, illegal distribution
of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products
is a misdemeanor of the third degree.
(4) Whoever violates 557.02(1) (c) of this section is guilty of providing false information /
identification to obtain cigarettes, electronic cigarettes, other tobacco products, or
alternative nicotine products, a misdemeanor of the fourth degree. Ifthe offender previously
has been convicted of a violation of subsection 557.02 (1)(c) of this section, the person is
guilty of a misdemeanor of the third degree.
(5) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to
any individual in violation of this section and that are used, possessed, purchased, or
received by any individual in violation of Chapter 557 of the Codified Ordinance of the City
of North Olmsted are subject to seizure and forfeiture as contraband under Chapter 2981 of
the Revised Code.
557.03 RESPONSIBILITY OF OWNER, LESSEE, AGENT OR EMPLOYEE.
The owner of a building or premises and the person renting or leasing them, or his agent or
employee who knowingly allows or permits cigarettes or tobacco products to be sold therein
or therefrom in violation of this chapter is liable under Section 557.99,
557.04 IMMUNITY OF LICENSE HOLDER, AGENT OR EMPLOYEE.
No license holder, his agent or employee may be found guilty of violation of any section of
this chapter where age is an element of the offense, if any court determines that the person
buying, at the time of so doing, exhibited to the license holder, his agent or employee, an
operator's or chauffeur's license showing that such person was then of legal age to buy
cigarettes or tobacco products; and if such license holder, his agent or employee made a bona
fide effort to ascertain the true age of the person buying by checking the identification
presented at the time of purchase, to ascertain that the description on the identification
presented, compared with the visual description of the buyer, and that the identification
presented had not been altered in any way, and if the license holder, his agent or employee
had reason to believe that the person buying was of legal age.
557.05 POSSESSION, USE, PURCHASE, OR RECEIVING ELECTRONIC CIGARETTES,
CIGARETTES OR OTHER TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS PROHIBITED
BY PERSONS UNDER THE AGE OF 21.
(1) No person under 21 years of age shall do any of the following unless accompanied by a
parent, spouse who is 21 years of age or older, or legal guardian:
(a) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes;
(b) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes;
(c) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes;
(d) Accept or receive electronic cigarettes, cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying
for, accepting, or receiving electronic cigarettes, it is a violation of this section regardless of
whether electronic cigarette in question actually contains nicotine or any other substance
capable of producing a vapor.
(2) Ajuvenile court may adjudicate a delinquent or unruly child for a violation of subsection
557.05 (1)(a), (b), (c), (d) of this section or 557.02(1)(c).
(3) Itis nota violation of subsection (1)(d) of this section for a person under age 21 to accept
or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes if the person is required to do so in the
performance of the person's duties as an employee of that person’s employer and the
person's acceptance or receipt of cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes occurs exclusively within the scope of the person's
employment.
It is not a violation of subsection (a)(1), (2), (3), or (4) of this section if the person under 21
possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts
or receives electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes while participating in an inspection or compliance
check conducted by a federal, state, local, or corporate entity at a location at which cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll cigarettes are
sold or distributed.
(e) Ifajuvenile court finds that a child violated subsection (a)(1), (2), (3), (4) of this section
or 557.02(1)(c), the court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other
smoking treatment program approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars.
(f) Ifachild disobeys a juvenile court order issued pursuant to subsection (e) of this section,
the court may do any or all of the following:
(1) Increase the fine imposed upon the child under subsection (e)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days the temporary instruction permit, probationary
driver's license, or driver's license issued to the child.
(g) A child alleged or found to have violated this section shall not be detained under any
provision of this chapter or any other provision of the Revised Code.
557.06 VENDOR-ASSISTED SALES.
It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or
offer for sale any tobacco product by means of self-service displays, such as vending
machines, or any other means other than vendor-assisted sales, unless the vending machine
sale is in compliance with Revised Code Section 2927.02 (C)(3).
557.99 PENALTY.
Except as otherwise set forth in this chapter, whoever violates any provision of this chapter
is guilty of a misdemeanor of the first degree, except that a juvenile offender under the age
of 18 years shall be proceeded against as may be appropriate under Ohio R.C. Ch. 2151 or
this Code.
---
[2022-106 Amend Code 557 Attachment.pdf]
CHAPTER 557
Sale of Cigarettes and Other Tobacco Products
557.01 Definitions.
557.02 Illegal distribution of or permitting individuals under the age of twenty-one (21)
years to use cigarettes, electronic cigarettes, or other tobacco or alternate nicotine
products.
557.03 Responsibility of owner, lessee, agent, or employee.
557.04 Immunity of license holder, agent, or employee.
557.05 Possession, use, purchase, or receiving electronic cigarettes, cigarettes or other
tobacco or alternative nicotine products prohibited by persons under the age of 21.
557.06 Vendor-Assisted Sales.
557.99 Penalty.
557.01 DEFINITIONS.
(a) As used in this Chapter:
(1)"Age verification" means a service provided by an independent third party (other than a
manufacturer, producer, distributor, wholesaler, or retailer of cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes) that compares
information available from a commercially available database, or aggregate of databases,
that regularly are used by government and businesses for the purpose of age and identity
verification to personal information provided during an internet sale or other remote
method of sale to establish that the purchaser is twenty-one years of age or older.
(2)"Alternative nicotine product" means an electronic smoking device, vapor product, or any
other product or device that consists of or contains nicotine that can be ingested into the
body by any means, including, but not limited to chewing, smoking, absorbing, dissolving, or
inhaling. "Alternative nicotine product" does not include any of the following:
(a) Any cigarette or other tobacco product;
(b) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(c) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
(d) Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(3) “Cigarette" means a tube-shaped tobacco product that is wrapped in thin paper. It is lit
on one end and smoked, and the smoke is usually inhaled into the lungs. A “cigarette” is made
wholly or in part of finely cut and cured tobacco leaves, and may contain other products such
as herbs, menthol, or other flavorings. “Cigarette” includes clove and hand-rolled cigarettes.
(4) "Distribute" means to furnish, give, or provide cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes to the ultimate consumer of
the cigarettes, other tobacco products, alternative nicotine products, or papers used to roll
cigarettes.
(5) “Electronic smoking device" means any device that can be used to deliver aerosolized or
vaporized nicotine or any other substance to the person inhaling from the device including
an electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen,
or electronic pipe. "Electronic smoking device" does not include any product that is a drug,
device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and
353(g). See also “vapor product”.
(6)"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 R.C. that shows that a person is twenty-one years of age or older.
(7) “Tobacco product” means any product that is made or derived from tobacco or that
contains any form of nicotine, if it is intended for human consumption or is likely to be
consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by
any other means, including but not limited to, a cigarette, electronic smoking device, cigar,
cigarillo, little cigar, pipe tobacco, chewing tobacco, snuff, snus. “Tobacco product” also
means any component or accessory used in the consumption of a tobacco product, such as
filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking
devices, whether or not they contain nicotine. “Tobacco product” does not include any
product that is a drug, device, or combination product, as those terms are defined in 21 U.S.C.
321 and 353(g).
(8) “Vapor product” means a product, other than a cigarette or other tobacco product as
defined herein, that contains or is made or derived from nicotine and that is intended and
marketed for human consumption, including by smoking, inhaling, snorting, or sniffing.
“Vapor product” includes any component part, or additive that is intended for use in an
electronic smoking device, a mechanical heating element, battery, or electronic circuit and is
used to deliver the product. “Vapor product” does not include any product that is a drug,
device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and
353(g). “Vapor product” includes any product containing nicotine, regardless of
concentration. See also “electronic smoking device.”
(9) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the
Ohio Revised Code.
(10) “Youth-oriented facility” means any facility with residents, customers, visitors, or
inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells,
rents, or offers services or products that are consumed or used primarily by persons under
the age of 21. “Youth-oriented facility” includes, but is not limited to, schools, playgrounds,
recreation centers, and parks.
(11) "Youth smoking education program" means a private or public agency program that is
related to tobacco use, prevention, and cessation, that is carried out or funded by the Ohio
Department of Health pursuant to section 3701.84 of the Ohio Revised Code, or by another
appropriate funding source, that utilizes educational methods focusing on the negative
health effects of smoking and using tobacco products, and that is not more than twelve hours
in duration.
557.02 ILLEGAL DISTRIBUTION OF OR PERMITTING INDIVIDUALS UNDER THE AGE OF
TWENTY-ONE (21) YEARS TO USE CIGARETTES, ELECTRONIC CIGARETTES, OR OTHER
TOBACCO OR ALTERNATE NICOTINE PRODUCTS.
(1) No person, manufacturer, producer, distributor, wholesaler, or retailer, including any
agent, employee or representative thereof, of electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products or papers used to roll cigarettes, shall do any of the
following:
(a) Give, sell, or otherwise distribute cigarettes, electronic cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes to any person under
the age of 21;
(b) Give away, sell, or otherwise distribute cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes in any place
that does not have posted in a conspicuous place a sign stating that giving, selling, or
otherwise distributing cigarettes, other tobacco products, alternative nicotine products, or
papers used to roll cigarettes to a person under twenty-one years of age;
(c) Knowingly furnish any false information regarding the name, age, or other
identification of any individual with purpose to obtain cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes for that
person;
(d) Manufacture, sell, or distribute any pack or other container of cigarettes
containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing
less than six-tenths of one ounce of tobacco;
(e) Sell cigarettes or alternative nicotine products in a smaller quantity than that
placed in the pack or other container by the manufacturer;
(f) Give, sell, or otherwise distribute alternative nicotine products, papers used to roll
cigarettes, or tobacco products other than cigarettes over the internet or through another
remote method without age verification;
(g) Give, sell, or otherwise distribute electronic cigarettes, or any component
necessary for the function thereof (except power supplies/batteries) to any person without
first requesting and receiving proof of age;
(2) The following are affirmative defenses to a charge under 557.02(1) of this section:
(a) A person under the age of 18 was accompanied by a parent or the legal guardian
of the person.
(b) The person who gave, sold, or distributed cigarettes, electronic cigarettes, other
tobacco products, alternative nicotine products, or papers used to roll cigarettes to a person
under the age of 18 is a parent or legal guardian of the person.
(c) It is not a violation of this section for a person to give or otherwise distribute to a
person under the age of 21 cigarettes, electronic cigarettes other tobacco products,
alternative nicotine products, or papers used to roll cigarettes while the individual is
participating in a research protocol if all of the following apply:
(i) The person is over the age of 18 or the parent, guardian, or legal custodian of the
person under the age of 18 has consented in writing to the person participating in the
research protocol.
(ii) A human subjects Institutional Review Board, or an equivalent entity, has
approved the research protocol.
(iii) The person under 21 years of age is participating in the research protocol at the
facility or location specified in the research protocol.
(3) Whoever violates 557.02 (1)(a), (b), (d), (e), (f) or (g) of this section is guilty of illegal
distribution of cigarettes, electronic cigarettes, other tobacco products, or alternative
nicotine products. Except as otherwise provided in this division, illegal distribution of
cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products is a
misdemeanor of the fourth degree. If the offender previously has been convicted of a
violation of subsection 557.02 (1)(a), (b), (d), (e), (f) or (g) of this section, illegal distribution
of cigarettes, electronic cigarettes, other tobacco products, or alternative nicotine products
is a misdemeanor of the third degree.
(4) Whoever violates 557.02(1) (c) of this section is guilty of providing false information /
identification to obtain cigarettes, electronic cigarettes, other tobacco products, or
alternative nicotine products, a misdemeanor of the fourth degree. If the offender previously
has been convicted of a violation of subsection 557.02 (1)(c) of this section, the person is
guilty of a misdemeanor of the third degree.
(5) Any cigarettes, electronic cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes that are given, sold, or otherwise distributed to
any individual in violation of this section and that are used, possessed, purchased, or
received by any individual in violation of Chapter 557 of the Codified Ordinance of the City
of North Olmsted are subject to seizure and forfeiture as contraband under Chapter 2981 of
the Revised Code.
557.03 RESPONSIBILITY OF OWNER, LESSEE, AGENT OR EMPLOYEE.
The owner of a building or premises and the person renting or leasing them, or his agent or
employee who knowingly allows or permits cigarettes or tobacco products to be sold therein
or therefrom in violation of this chapter is liable under Section 557.99.
557.04 IMMUNITY OF LICENSE HOLDER, AGENT OR EMPLOYEE.
No license holder, his agent or employee may be found guilty of violation of any section of
this chapter where age is an element of the offense, if any court determines that the person
buying, at the time of so doing, exhibited to the license holder, his agent or employee, an
operator's or chauffeur's license showing that such person was then of legal age to buy
cigarettes or tobacco products; and if such license holder, his agent or employee made a bona
fide effort to ascertain the true age of the person buying by checking the identification
presented at the time of purchase, to ascertain that the description on the identification
presented, compared with the visual description of the buyer, and that the identification
presented had not been altered in any way, and if the license holder, his agent or employee
had reason to believe that the person buying was of legal age.
557.05 POSSESSION, USE, PURCHASE, OR RECEIVING ELECTRONIC CIGARETTES,
CIGARETTES OR OTHER TOBACCO OR ALTERNATIVE NICOTINE PRODUCTS PROHIBITED
BY PERSONS UNDER THE AGE OF 21.
(1) No person under 21 years of age shall do any of the following, with the exception of
persons under 18 years of age accompanied by a parent, spouse or legal guardian who is 21
years of age or older:
(a) Use, consume, or possess electronic cigarettes, cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes;
(b) Purchase or attempt to purchase electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes;
(c) Order, pay for, or share the cost of electronic cigarettes, cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes;
(d) Accept or receive electronic cigarettes, cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes.
For purposes of this section, the prohibition against possessing, purchasing, ordering, paying
for, accepting, or receiving electronic cigarettes, it is a violation of this section regardless of
whether electronic cigarette in question actually contains nicotine or any other substance
capable of producing a vapor.
(2) A juvenile court may adjudicate a delinquent or unruly child for a violation of subsection
557.05 (1)(a), (b), (c), (d) of this section or 557.02(1)(c).
(3) It is not a violation of subsection (1)(d) of this section for a person under age 21 to accept
or receive electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes if the person is required to do so in the
performance of the person's duties as an employee of that person’s employer and the
person's acceptance or receipt of cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes occurs exclusively within the scope of the person's
employment.
It is not a violation of subsection (a)(1), (2), (3), or (4) of this section if the person under 21
possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts
or receives electronic cigarettes, cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes while participating in an inspection or compliance
check conducted by a federal, state, local, or corporate entity at a location at which cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll cigarettes are
sold or distributed.
(e) If a juvenile court finds that a child violated subsection (a)(1), (2), (3), (4) of this section
or 557.02(1)(c), the court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other
smoking treatment program approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars.
(f) If a child disobeys a juvenile court order issued pursuant to subsection (e) of this section,
the court may do any or all of the following:
(1) Increase the fine imposed upon the child under subsection (e)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days the temporary instruction permit, probationary
driver's license, or driver's license issued to the child.
(g) A child alleged or found to have violated this section shall not be detained under any
provision of this chapter or any other provision of the Revised Code.
557.06 VENDOR-ASSISTED SALES.
It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or
offer for sale any tobacco product by means of self-service displays, such as vending
machines, or any other means other than vendor-assisted sales, unless the vending machine
sale is in compliance with Revised Code Section 2927.02 (C)(3).
557.99 PENALTY.
Except as otherwise set forth in this chapter, whoever violates any provision of this chapter
is guilty of a misdemeanor of the first degree, except that a juvenile offender under the age
of 18 years shall be proceeded against as may be appropriate under Ohio R.C. Ch. 2151 or
this Code.