As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 218 5
1999-2000 6
SENATOR MUMPER 8
_________________________________________________________________ 10
A B I L L
To amend sections 2151.28, 2151.354, 2151.3510, and 12
2927.02 and to enact sections 2151.87 and 13
2927.021 of the Revised Code to expand the 14
offense of illegal distribution of cigarettes or 15
other tobacco products; to create the offense of
permitting children to use cigarettes or other 16
tobacco products; to prohibit children from 17
possessing, using, purchasing, or receiving 18
cigarettes or other tobacco products; and to
require sellers to sign a certification regarding 19
the prohibitions and requirements incident to 20
sales of cigarettes or other tobacco products and
to demand proof of age of purchasers believed to 21
be under eighteen years of age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 2151.28, 2151.354, 2151.3510, and 25
2927.02 be amended and sections 2151.87 and 2927.021 of the 26
Revised Code be enacted to read as follows: 27
Sec. 2151.28. (A) No later than seventy-two hours after 36
the complaint is filed, the court shall fix a time for an 38
adjudicatory hearing. The court shall conduct the adjudicatory 39
hearing within one of the following periods of time: 40
(1) If the complaint alleged that the child is a 42
delinquent or unruly child or a juvenile traffic offender, the 43
adjudicatory hearing shall be held and may be continued in 44
accordance with the Juvenile Rules. 45
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(2) If the complaint alleged that the child is an abused, 47
neglected, or dependent child, the adjudicatory hearing shall be 48
held no later than thirty days after the complaint is filed, 49
except that, for good cause shown, the court may continue the 50
adjudicatory hearing for either of the following periods of time: 51
(a) For ten days beyond the thirty-day deadline to allow 53
any party to obtain counsel; 54
(b) For a reasonable period of time beyond the thirty-day 56
deadline to obtain service on all parties or any necessary 57
evaluation, except that the adjudicatory hearing shall not be 58
held later than sixty days after the date on which the complaint 59
was filed. 60
(B) At an adjudicatory hearing held pursuant to division 62
(A)(2) of this section, the court, in addition to determining 63
whether the child is an abused, neglected, or dependent child, 64
shall determine whether the child should remain or be placed in 65
shelter care until the dispositional hearing. When the court 66
makes the shelter care determination, all of the following apply: 67
(1) The court shall determine whether there are any 69
relatives of the child who are willing to be temporary custodians 70
of the child. If any relative is willing to be a temporary 71
custodian, the child otherwise would remain or be placed in 72
shelter care, and the appointment is appropriate, the court shall 73
appoint the relative as temporary custodian of the child, unless 74
the court appoints another relative as custodian. If it 75
determines that the appointment of a relative as custodian would 76
not be appropriate, it shall issue a written opinion setting 77
forth the reasons for its determination and give a copy of the 78
opinion to all parties and the guardian ad litem of the child. 79
The court's consideration of a relative for appointment as 81
a temporary custodian does not make that relative a party to the 82
proceedings. 83
(2) The court shall comply with section 2151.419 of the 86
Revised Code.
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(3) The court shall schedule the date for the 88
dispositional hearing to be held pursuant to section 2151.35 of 89
the Revised Code. The parents of the child have a right to be 90
represented by counsel; however, in no case shall the 91
dispositional hearing be held later than ninety days after the 92
date on which the complaint was filed. 93
(C)(1) The court shall direct the issuance of a summons 95
directed to the child except as provided by this section, the 96
parents, guardian, custodian, or other person with whom the child 97
may be, and any other persons that appear to the court to be 98
proper or necessary parties to the proceedings, requiring them to 99
appear before the court at the time fixed to answer the 100
allegations of the complaint. The summons shall contain the name 101
and telephone number of the court employee designated by the 102
court pursuant to section 2151.314 of the Revised Code to arrange 103
for the prompt appointment of counsel for indigent persons. A 104
child alleged to be an abused, neglected, or dependent child 105
shall not be summoned unless the court so directs. A summons 106
issued for a child who is under fourteen years of age and who is 107
alleged to be a delinquent child, unruly child, or a juvenile 108
traffic offender shall be served on the parent, guardian, or 109
custodian of the child in the child's behalf. 110
If the person who has physical custody of the child, or 112
with whom the child resides, is other than the parent or 113
guardian, then the parents and guardian also shall be summoned. 114
A copy of the complaint shall accompany the summons. 115
(2) IN LIEU OF APPEARING BEFORE THE COURT AT THE TIME 118
FIXED IN THE SUMMONS AND WITHIN THIRTY DAYS AFTER THE DATE OF 119
ISSUANCE OF THE SUMMONS, A CHILD WHO IS ALLEGED TO BE AN UNRULY 120
CHILD FOR COMMITTING AN ACT IN VIOLATION OF DIVISION (B)(1), (2), 123
(3), OR (4) OR (C) OF SECTION 2151.87 OF THE REVISED CODE AND WHO 127
PREVIOUSLY HAS NOT BEEN ADJUDICATED AN UNRULY CHILD FOR 128
COMMITTING AN ACT IN VIOLATION OF ANY OF THOSE DIVISIONS, OR THE 129
PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD IN THE CHILD'S BEHALF 130
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MAY APPEAR IN PERSON AT THE OFFICE OF THE CLERK OF THE COURT 131
STATED IN THE SUMMONS AND SIGN A WAIVER OF APPEARANCE BEFORE THE 132
COURT CONDITIONED ON THE ATTENDANCE OF THE CHILD AND THE PARENT, 133
GUARDIAN, OR CUSTODIAN OF THE CHILD AT A YOUTH SMOKING EDUCATION 134
PROGRAM, AS DEFINED IN SECTION 2151.354 OF THE REVISED CODE. IF 136
THE CHILD OR THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN DOES NOT 138
COMPLY WITH THE CONDITION OF THE WAIVER OF COURT APPEARANCE AS 139
DESCRIBED IN DIVISION (C)(2) OF THIS SECTION, THE COURT SHALL 141
PROCEED WITH THE ADJUDICATORY HEARING AS PROVIDED IN THIS 142
SECTION.
(D) If the complaint contains a prayer for permanent 144
custody, temporary custody, whether as the preferred or an 145
alternative disposition, or a planned permanent living 147
arrangement in a case involving an alleged abused, neglected, or 148
dependent child, the summons served on the parents shall contain 149
as is appropriate an explanation that the granting of permanent 150
custody permanently divests the parents of their parental rights 151
and privileges, an explanation that an adjudication that the 152
child is an abused, neglected, or dependent child may result in 153
an order of temporary custody that will cause the removal of the 154
child from their legal custody until the court terminates the 155
order of temporary custody or permanently divests the parents of 156
their parental rights, or an explanation that the issuance of an 157
order for a planned permanent living arrangement will cause the 158
removal of the child from the legal custody of the parents if any 160
of the conditions listed in divisions (A)(5)(a) to (c) of section 161
2151.353 of the Revised Code are found to exist. 162
(E) The court may endorse upon the summons an order 164
directing the parents, guardian, or other person with whom the 165
child may be to appear personally at the hearing and directing 166
the person having the physical custody or control of the child to 167
bring the child to the hearing. 168
(F)(1) The summons shall contain a statement advising that 170
any party is entitled to counsel in the proceedings and that the 171
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court will appoint counsel or designate a county public defender 172
or joint county public defender to provide legal representation 173
if the party is indigent. 174
(2) In cases in which the complaint alleges a child to be 176
an abused, neglected, or dependent child and no hearing has been 177
conducted pursuant to division (A) of section 2151.314 of the 178
Revised Code with respect to the child or a parent, guardian, or 179
custodian of the child does not attend the hearing, the summons 180
also shall contain a statement advising that a case plan may be 181
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 182
to comply with a journalized case plan. 183
(G) If it appears from an affidavit filed or from sworn 185
testimony before the court that the conduct, condition, or 186
surroundings of the child are endangering the child's health or 188
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 189
will not be brought to the court, notwithstanding the service of 191
the summons, the court may endorse upon the summons an order that 192
a law enforcement officer serve the summons and take the child 193
into immediate custody and bring the child forthwith to the 194
court.
(H) A party, other than the child, may waive service of 196
summons by written stipulation. 197
(I) Before any temporary commitment is made permanent, the 199
court shall fix a time for hearing in accordance with section 200
2151.414 of the Revised Code and shall cause notice by summons to 201
be served upon the parent or guardian of the child and the 202
guardian ad litem of the child, or published, as provided in 203
section 2151.29 of the Revised Code. The summons shall contain 204
an explanation that the granting of permanent custody permanently 205
divests the parents of their parental rights and privileges. 206
(J) Any person whose presence is considered necessary and 208
who is not summoned may be subpoenaed to appear and testify at 209
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the hearing. Anyone summoned or subpoenaed to appear who fails 211
to do so may be punished, as in other cases in the court of 212
common pleas, for contempt of court. Persons subpoenaed shall be 213
paid the same witness fees as are allowed in the court of common 214
pleas. 215
(K) The failure of the court to hold an adjudicatory 217
hearing within any time period set forth in division (A)(2) of 218
this section does not affect the ability of the court to issue 219
any order under this chapter and does not provide any basis for 220
attacking the jurisdiction of the court or the validity of any 221
order of the court. 222
(L) If the court, at an adjudicatory hearing held pursuant 224
to division (A) of this section upon a complaint alleging that a 225
child is an abused, neglected, dependent, delinquent, or unruly 226
child or a juvenile traffic offender, determines that the child 227
is a dependent child, the court shall incorporate that 228
determination into written findings of fact and conclusions of 229
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 231
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 232
family problems that are the basis for the court's determination 233
that the child is a dependent child. 234
Sec. 2151.354. (A) AS USED IN THIS SECTION: 245
(1) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 247
SECTION 2925.01 OF THE REVISED CODE.
(2) "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME 249
MEANINGS AS IN SECTION 2927.02 OF THE REVISED CODE. 250
(3) "YOUTH SMOKING EDUCATION PROGRAM" MEANS A PROGRAM THAT 253
UTILIZES EDUCATIONAL METHODS FOCUSING ON THE NEGATIVE HEALTH 254
EFFECTS OF SMOKING AND USING TOBACCO PRODUCTS AND THAT IS NOT 255
MORE THAN TWELVE HOURS IN DURATION. 256
(B) If the A child is adjudicated an unruly child FOR AN 259
ACT OTHER THAN A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) 260
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OR (C) OF SECTION 2151.87 OF THE REVISED CODE, the court may:
(1) Make any of the dispositions authorized under section 262
2151.353 of the Revised Code; 263
(2) Place the child on probation under any conditions that 265
the court prescribes; 266
(3) Suspend or revoke the driver's license, probationary 268
driver's license, or temporary instruction permit issued to the 269
child and suspend or revoke the registration of all motor 270
vehicles registered in the name of the child. A child whose 272
license or permit is so suspended or revoked is ineligible for 273
issuance of a license or permit during the period of suspension 274
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 275
until the child has paid any applicable reinstatement fee and 276
complied with all requirements governing license reinstatement. 277
(4) Commit the child to the temporary or permanent custody 279
of the court;
(5) If, after making a disposition under division 281
(A)(B)(1), (2), or (3) of this section, the court finds upon 282
further hearing that the child is not amenable to treatment or 283
rehabilitation under that disposition, make a disposition 284
otherwise authorized under divisions (A)(1), (2), and (A)(7) to 285
(11) of section 2151.355 of the Revised Code, except that the 286
child may not be committed to or placed in a secure correctional 287
facility, and commitment to or placement in a detention home may 288
not exceed twenty-four hours unless authorized by division (C)(3) 289
of section 2151.312 or sections 2151.56 to 2151.61 of the Revised 290
Code.
(B)(C) If a child is adjudicated an unruly child for 292
committing any act that, if committed by an adult, would be a 293
drug abuse offense, as defined in section 2925.01 of the Revised 294
Code, or a violation of division (B) of section 2917.11 of the 295
Revised Code, then, in addition to imposing, in its discretion, 296
any other order of disposition authorized by this section, the 297
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court shall do both of the following: 298
(1) Require the child to participate in a drug abuse or 300
alcohol abuse counseling program; 301
(2) Suspend or revoke the temporary instruction permit, 303
probationary driver's license, or driver's license issued to the 305
child for a period of time prescribed by the court or, at the 306
discretion of the court, until the child attends and 307
satisfactorily completes a drug abuse or alcohol abuse education, 308
intervention, or treatment program specified by the court. 309
During the time the child is attending the program, the court 310
shall retain any temporary instruction permit, probationary 311
driver's license, or driver's license issued to the child and 312
shall return the permit or license when the child satisfactorily 313
completes the program. 314
(D)(1) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A 316
VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 317
2151.87 OF THE REVISED CODE, THE COURT, PURSUANT TO THE JUVENILE 318
RULES, SHALL NOTIFY THE CHILD'S PARENT, CUSTODIAN, OR LEGAL 319
GUARDIAN OF THE ADJUDICATION. 320
(2) EXCEPT AS PROVIDED IN DIVISIONS (D)(3) AND (4) OF THIS 324
SECTION, IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A
VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 327
2151.87 OF THE REVISED CODE, THE COURT MAY REQUIRE THE CHILD TO 329
ATTEND A YOUTH SMOKING EDUCATION PROGRAM.
(3) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A SECOND 332
VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 334
2151.87 OF THE REVISED CODE, THE COURT MAY DO ONE OR BOTH OF THE 335
FOLLOWING:
(a) REQUIRE THE CHILD TO ATTEND A YOUTH SMOKING EDUCATION 337
PROGRAM; 338
(b) IMPOSE A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS. 340
(4) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A THIRD 342
OR SUBSEQUENT VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR 345
(C) OF SECTION 2151.87 OF THE REVISED CODE, THE COURT MAY DO ANY 346
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OR ALL OF THE FOLLOWING:
(a) REQUIRE THE CHILD TO ATTEND A YOUTH SMOKING EDUCATION 348
PROGRAM; 349
(b) IMPOSE A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS; 351
(c) SUSPEND FOR A PERIOD OF THIRTY DAYS THE TEMPORARY 353
INSTRUCTION PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S 354
LICENSE ISSUED TO THE CHILD. 355
(E) A JUVENILE COURT SHALL NOT ADJUDICATE A CHILD AN 358
UNRULY CHILD FOR A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) 359
OF SECTION 2151.87 OF THE REVISED CODE IF THE CHILD POSSESSES, 362
PURCHASES OR ATTEMPTS TO PURCHASE, ORDERS, PAYS FOR, OR SHARES 363
THE COST OF, OR ACCEPTS OR RECEIVES, CIGARETTES, OTHER TOBACCO 364
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES WHILE PARTICIPATING 365
IN AN INSPECTION CONDUCTED BY A LAW ENFORCEMENT OFFICER AT A 366
LOCATION AT WHICH CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 367
USED TO ROLL CIGARETTES ARE SOLD OR DISTRIBUTED. 368
Sec. 2151.3510. Before a juvenile court issues an order of 377
disposition pursuant to division (A)(B)(1) of section 2151.354 or 379
DIVISION (A)(1) OF SECTION 2151.355 of the Revised Code 380
committing an unruly or delinquent child to the custody of a 381
public children services agency, it shall give the agency notice 382
in the manner prescribed by the Juvenile Rules of the intended 383
dispositional order. 384
Sec. 2151.87. (A) AS USED IN THIS SECTION, "CIGARETTE" 387
AND "TOBACCO PRODUCT" HAVE THE SAME MEANINGS AS IN SECTION 388
2927.02 OF THE REVISED CODE. 389
(B) NO CHILD SHALL DO ANY OF THE FOLLOWING UNLESS 391
ACCOMPANIED BY A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR 393
OLDER, OR LEGAL GUARDIAN OF THE CHILD: 394
(1) USE, CONSUME, OR POSSESS CIGARETTES, OTHER TOBACCO 396
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 397
(2) PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES, OTHER 399
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 400
(3) ORDER, PAY FOR, OR SHARE THE COST OF CIGARETTES, OTHER 403
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TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 404
(4) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 406
ACCEPT OR RECEIVE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 408
USED TO ROLL CIGARETTES.
(C) NO CHILD SHALL KNOWINGLY FURNISH FALSE INFORMATION 410
CONCERNING THAT CHILD'S NAME, AGE, OR OTHER IDENTIFICATION FOR 412
THE PURPOSE OF OBTAINING CIGARETTES, OTHER TOBACCO PRODUCTS, OR 413
PAPERS USED TO ROLL CIGARETTES. 414
(D) A JUVENILE COURT MAY ADJUDICATE A CHILD WHO VIOLATES 417
DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION AN 419
UNRULY CHILD PURSUANT TO THIS CHAPTER. A JUVENILE COURT SHALL 420
NOT ADJUDICATE A CHILD A DELINQUENT CHILD FOR A VIOLATION OF 421
DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION. 423
(E) IT IS NOT A VIOLATION OF DIVISION (B)(4) OF THIS 427
SECTION FOR A CHILD TO ACCEPT OR RECEIVE CIGARETTES, OTHER 428
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE CHILD 429
IS REQUIRED TO DO SO IN THE PERFORMANCE OF THE CHILD'S DUTIES AS 430
AN EMPLOYEE OF THAT CHILD'S EMPLOYER AND THE CHILD'S ACCEPTANCE 431
OR RECEIPT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 432
TO ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF THE 433
CHILD'S EMPLOYMENT. 434
Sec. 2927.02. (A) AS USED IN THIS SECTION AND SECTION 443
2927.021 OF THE REVISED CODE:
(1) "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 OF 445
THE REVISED CODE.
(2) "CIGARETTE" INCLUDES CLOVE CIGARETTES AND HAND-ROLLED 448
CIGARETTES.
(3) "DISTRIBUTE" MEANS TO FURNISH, GIVE, OR PROVIDE 451
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 452
CIGARETTES TO THE ULTIMATE CONSUMER OF THE CIGARETTES, OTHER 453
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES. 454
(4) "PROOF OF AGE" MEANS A DRIVER'S LICENSE, A COMMERCIAL 457
DRIVER'S LICENSE, A MILITARY IDENTIFICATION CARD, A PASSPORT, OR 458
AN IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 459
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OF THE REVISED CODE THAT SHOWS THAT A PERSON IS EIGHTEEN YEARS OF 460
AGE OR OLDER.
(5) "TOBACCO PRODUCT" MEANS ANY PRODUCT THAT IS MADE FROM 463
TOBACCO, INCLUDING, BUT NOT LIMITED TO, A CIGARETTE, A CIGAR, 464
PIPE TOBACCO, CHEWING TOBACCO, OR SNUFF. 465
(6) "VENDING MACHINE" HAS THE SAME MEANING AS "COIN 468
MACHINE" IN SECTION 2913.01 OF THE REVISED CODE. 469
(B) No manufacturer, producer, distributor, wholesaler, or 472
retailer of cigarettes or, other tobacco products, or any PAPERS 473
USED TO ROLL CIGARETTES, NO agent, employee, or representative of 474
a manufacturer, producer, distributor, wholesaler, or retailer of 475
cigarettes or, other tobacco products, OR PAPERS USED TO ROLL 477
CIGARETTES, AND NO OTHER PERSON shall do any of the following: 478
(1) Give, sell, or otherwise distribute cigarettes or, 480
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to any 481
person under eighteen years of age CHILD; 482
(2) Give away, sell, or distribute cigarettes or, other 484
tobacco products, OR PAPERS USED TO ROLL CIGARETTES in any place 485
that does not have posted in a conspicuous place a sign stating 487
that giving, selling, or otherwise distributing cigarettes or, 488
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to a 490
person under eighteen years of age is prohibited by law;
(3) KNOWINGLY FURNISH ANY FALSE INFORMATION REGARDING THE 492
NAME, AGE, OR OTHER IDENTIFICATION OF ANY CHILD WITH PURPOSE TO 494
OBTAIN CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 495
CIGARETTES FOR THAT CHILD.
(B)(C) No person shall sell or offer to sell cigarettes or 497
other tobacco products by or from a vending machine, except in 498
the following locations: 499
(1) An area either: 501
(a) Within WITHIN a factory, business, office, or other 503
place not open to the general public; or 505
(b) To (2) AN AREA TO which persons under the age of 508
eighteen years CHILDREN are not generally permitted access; 509
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(2) In any (3) ANY other place not identified in division 512
(B)(C)(1) OR (2) of this section, upon all of the following 513
conditions:
(a) The vending machine is located within the immediate 515
vicinity, plain view, and control of the person who owns or 516
operates the place, or an employee of such THAT person, so that 517
all cigarettes and other tobacco product purchases from the 519
vending machine will be readily observed by the person who owns 520
or operates the place or an employee of such THAT person. For 521
the purpose of this section, a vending machine located in any 522
unmonitored area, including an unmonitored coatroom, restroom, 523
hallway, or outer waiting area, shall not be considered located 524
within the immediate vicinity, plain view, and control of the 525
person who owns or operates the place, or an employee of such 526
THAT person. 528
(b) The vending machine is inaccessible to the public when 530
the place is closed. 531
(C) As used in this section, "vending machine" has the 533
same meaning as "coin machine" as defined in section 2913.01 of 534
the Revised Code. 535
(D) THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO A CHARGE 538
UNDER DIVISION (B)(1) OF THIS SECTION: 539
(1) THE CHILD WAS ACCOMPANIED BY A PARENT, SPOUSE WHO IS 542
EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD. 543
(2) THE PERSON WHO GAVE, SOLD, OR DISTRIBUTED CIGARETTES, 545
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO A 546
CHILD UNDER DIVISION (B)(1) OF THIS SECTION IS A PARENT, SPOUSE 548
WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE 549
CHILD.
(E)(1) Whoever violates DIVISION (B)(1) OR (2) OR (C) OF 552
this section is guilty of illegal distribution of cigarettes or 553
other tobacco products, a misdemeanor of the fourth degree. If 554
the offender previously has been convicted of a violation of 555
DIVISION (B)(1) OR (2) OR (C) OF this section, then illegal 556
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distribution of cigarettes or other tobacco products is a 557
misdemeanor of the third degree. 558
(2) WHOEVER VIOLATES DIVISION (B)(3) OF THIS SECTION IS 561
GUILTY OF PERMITTING CHILDREN TO USE CIGARETTES OR OTHER TOBACCO 562
PRODUCTS, A MISDEMEANOR OF THE FOURTH DEGREE. IF THE OFFENDER
PREVIOUSLY HAS BEEN CONVICTED OF A VIOLATION OF DIVISION (B)(3) 563
OF THIS SECTION, PERMITTING CHILDREN TO USE CIGARETTES OR OTHER 564
TOBACCO PRODUCTS IS A MISDEMEANOR OF THE THIRD DEGREE. 565
(F)(1) IF A PERSON WHO GIVES, SELLS, OR DISTRIBUTES 568
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 569
CIGARETTES AS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION HAS 570
REASONABLE CAUSE TO BELIEVE THAT A PROSPECTIVE PURCHASER OR 571
RECIPIENT OF THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 572
USED TO ROLL CIGARETTES IS A CHILD, THE PERSON WHO GIVES, SELLS, 574
OR DISTRIBUTES THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 575
USED TO ROLL CIGARETTES SHALL DEMAND THAT THE PROSPECTIVE 576
PURCHASER OR RECIPIENT EXHIBIT A PROOF OF AGE. 577
(2) NO PERSON SHALL BE FOUND GUILTY OF ILLEGAL 579
DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS IN VIOLATION 581
OF DIVISION (B)(1) OF THIS SECTION IF THE COURT FINDS ALL OF THE 582
FOLLOWING:
(a) THE PERSON PURCHASING OR RECEIVING THE CIGARETTES, 585
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES, AT THE 586
TIME OF THAT PURCHASE OR RECEIPT, EXHIBITED A PROOF OF AGE TO THE 587
PERSON GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER 588
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES. 589
(b) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE 592
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 593
CIGARETTES MADE A GOOD FAITH EFFORT TO DETERMINE THE TRUE AGE OF 594
THE PERSON PURCHASING OR RECEIVING THEM BY CHECKING THE PROOF OF 595
AGE EXHIBITED, AT THE TIME OF GIVING, SELLING, OR DISTRIBUTING 596
THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 597
CIGARETTES, TO ASCERTAIN THAT THE DESCRIPTION ON THE PROOF OF AGE 598
COMPARED WITH THE APPEARANCE OF THE PERSON PURCHASING OR 599
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RECEIVING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 600
TO ROLL CIGARETTES AND THAT THE PROOF OF AGE EXHIBITED HAD NOT 601
BEEN ALTERED IN ANY WAY.
(c) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE 604
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 605
CIGARETTES HAD REASONABLE CAUSE TO BELIEVE THAT THE PERSON 606
PURCHASING OR RECEIVING THEM WAS EIGHTEEN YEARS OF AGE OR OLDER. 607
(G) ANY CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 610
TO ROLL CIGARETTES THAT ARE GIVEN, SOLD, OR OTHERWISE DISTRIBUTED 611
TO A CHILD IN VIOLATION OF THIS SECTION AND THAT ARE USED, 612
POSSESSED, PURCHASED, OR RECEIVED BY A CHILD IN VIOLATION OF 613
SECTION 2151.87 OF THE REVISED CODE ARE SUBJECT TO SEIZURE AND 615
FORFEITURE AS CONTRABAND UNDER SECTIONS 2933.42 AND 2933.43 OF 616
THE REVISED CODE. 617
Sec. 2927.021. (A) EVERY PERSON WHO IS ENGAGED IN THE 619
BUSINESS OF SELLING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 620
USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT SHALL REQUIRE 621
EACH INDIVIDUAL EMPLOYED BY THAT PERSON AS A RETAIL SALES CLERK 623
IN THE RETAIL ESTABLISHMENT TO MAKE A WRITTEN CERTIFICATION ON A
FORM PROVIDED BY THE EMPLOYER ACKNOWLEDGING THAT THE INDIVIDUAL 624
EMPLOYED AS A RETAIL SALES CLERK HAS RECEIVED AND READ THE 625
FOLLOWING STATEMENTS:
"THE LAWS OF THIS STATE DO BOTH OF THE FOLLOWING: 627
(1) PROHIBIT THE SALE OR DISTRIBUTION OF CIGARETTES, OTHER 629
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO ANY PERSON 630
UNDER EIGHTEEN YEARS OF AGE AND PROHIBIT THE PURCHASE, ATTEMPT TO 633
PURCHASE, ACCEPTANCE, OR RECEIPT OF CIGARETTES, OTHER TOBACCO
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES BY ANY PERSON UNDER 635
EIGHTEEN YEARS OF AGE, EXCEPT WHEN THE ACCEPTANCE OR RECEIPT OF 636
THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 637
CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF EMPLOYMENT OF 638
THE PERSON UNDER EIGHTEEN YEARS OF AGE; 639
(2) REQUIRE THAT A PROOF OF AGE BE DEMANDED FROM A 642
PROSPECTIVE PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO
15
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE RETAIL SALES 643
CLERK HAS REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE 645
PURCHASER OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE. 646
I UNDERSTAND THAT STATE LAW PROHIBITS THE SALE OR 648
DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 649
USED TO ROLL CIGARETTES TO PERSONS UNDER EIGHTEEN YEARS OF AGE 650
AND REQUIRES THAT A PROOF OF AGE BE DEMANDED FROM A PROSPECTIVE 652
PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR 653
PAPERS USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT IF I 654
HAVE REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE PURCHASER 656
OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE. I UNDERSTAND THAT 657
VIOLATING THIS LAW IS A CRIMINAL OFFENSE." 658
(B) AN INDIVIDUAL WHO IS EMPLOYED AS A RETAIL SALES CLERK 660
IN A RETAIL ESTABLISHMENT SHALL MAKE THE CERTIFICATION DESCRIBED 662
IN DIVISION (A) OF THIS SECTION BEFORE THE INDIVIDUAL COMMENCES 663
WORK AS A RETAIL SALES CLERK OR, IN THE CASE OF AN INDIVIDUAL 665
EMPLOYED AS A RETAIL SALES CLERK ON THE EFFECTIVE DATE OF THIS 667
SECTION, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 668
SECTION. EACH WRITTEN CERTIFICATION SHALL SET FORTH THE DATE ON 669
WHICH THE CERTIFICATION WAS MADE. THE EMPLOYER SHALL DELIVER A 671
COPY OF THE EXECUTED CERTIFICATION FORM TO THE PERSON WHO MADE 673
THE CERTIFICATION. THE EMPLOYER SHALL RETAIN THE ORIGINAL SIGNED 674
CERTIFICATION FORM FOR NOT LESS THAN FOUR MONTHS AFTER THE 675
INDIVIDUAL HAS LEFT THE EMPLOYER'S EMPLOYMENT. 676
(C)(1) NO PERSON ENGAGED IN THE BUSINESS OF SELLING 678
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 679
CIGARETTES IN A RETAIL ESTABLISHMENT SHALL FAIL TO COMPLY WITH 680
THE REQUIREMENTS IMPOSED BY DIVISION (A) OF THIS SECTION. 681
(2) NO RETAIL SALES CLERK IN A RETAIL ESTABLISHMENT SHALL 683
FAIL TO COMPLY WITH THE REQUIREMENTS IMPOSED BY DIVISION (B) OF 684
THIS SECTION. 685
(D) A COURT SHALL IMPOSE A FINE OF FIFTY DOLLARS FOR A 687
VIOLATION OF DIVISION (C)(1) OR (2) OF THIS SECTION. 689
Section 2. That existing sections 2151.28, 2151.354, 691
16
2151.3510, and 2927.02 of the Revised Code are hereby repealed. 692