As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. 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
2
(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.
3
(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 PRIOR TO THE DATE FIXED FOR APPEARANCE 119
IN THE SUMMONS, A CHILD WHO IS ALLEGED TO BE AN UNRULY CHILD FOR 120
COMMITTING AN ACT IN VIOLATION OF DIVISION (B)(1), (2), (3), OR 123
(4) OR (C) OF SECTION 2151.87 OF THE REVISED CODE AND THAT 126
CHILD'S PARENT, GUARDIAN, OR CUSTODIAN MAY SIGN A WAIVER OF 127
APPEARANCE BEFORE THE CLERK OF THE JUVENILE COURT AND PAY A FINE 128
OF ONE HUNDRED DOLLARS. IF THE CHILD AND THAT CHILD'S PARENT, 129
4
GUARDIAN, OR CUSTODIAN DO NOT WAIVE THE COURT APPEARANCE, THE 131
COURT SHALL PROCEED WITH THE ADJUDICATORY HEARING AS PROVIDED IN 132
THIS SECTION.
(D) If the complaint contains a prayer for permanent 134
custody, temporary custody, whether as the preferred or an 135
alternative disposition, or a planned permanent living 137
arrangement in a case involving an alleged abused, neglected, or 138
dependent child, the summons served on the parents shall contain 139
as is appropriate an explanation that the granting of permanent 140
custody permanently divests the parents of their parental rights 141
and privileges, an explanation that an adjudication that the 142
child is an abused, neglected, or dependent child may result in 143
an order of temporary custody that will cause the removal of the 144
child from their legal custody until the court terminates the 145
order of temporary custody or permanently divests the parents of 146
their parental rights, or an explanation that the issuance of an 147
order for a planned permanent living arrangement will cause the 148
removal of the child from the legal custody of the parents if any 150
of the conditions listed in divisions (A)(5)(a) to (c) of section 151
2151.353 of the Revised Code are found to exist. 152
(E) The court may endorse upon the summons an order 154
directing the parents, guardian, or other person with whom the 155
child may be to appear personally at the hearing and directing 156
the person having the physical custody or control of the child to 157
bring the child to the hearing. 158
(F)(1) The summons shall contain a statement advising that 160
any party is entitled to counsel in the proceedings and that the 161
court will appoint counsel or designate a county public defender 162
or joint county public defender to provide legal representation 163
if the party is indigent. 164
(2) In cases in which the complaint alleges a child to be 166
an abused, neglected, or dependent child and no hearing has been 167
conducted pursuant to division (A) of section 2151.314 of the 168
Revised Code with respect to the child or a parent, guardian, or 169
5
custodian of the child does not attend the hearing, the summons 170
also shall contain a statement advising that a case plan may be 171
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 172
to comply with a journalized case plan. 173
(G) If it appears from an affidavit filed or from sworn 175
testimony before the court that the conduct, condition, or 176
surroundings of the child are endangering the child's health or 178
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 179
will not be brought to the court, notwithstanding the service of 181
the summons, the court may endorse upon the summons an order that 182
a law enforcement officer serve the summons and take the child 183
into immediate custody and bring the child forthwith to the 184
court.
(H) A party, other than the child, may waive service of 186
summons by written stipulation. 187
(I) Before any temporary commitment is made permanent, the 189
court shall fix a time for hearing in accordance with section 190
2151.414 of the Revised Code and shall cause notice by summons to 191
be served upon the parent or guardian of the child and the 192
guardian ad litem of the child, or published, as provided in 193
section 2151.29 of the Revised Code. The summons shall contain 194
an explanation that the granting of permanent custody permanently 195
divests the parents of their parental rights and privileges. 196
(J) Any person whose presence is considered necessary and 198
who is not summoned may be subpoenaed to appear and testify at 199
the hearing. Anyone summoned or subpoenaed to appear who fails 201
to do so may be punished, as in other cases in the court of 202
common pleas, for contempt of court. Persons subpoenaed shall be 203
paid the same witness fees as are allowed in the court of common 204
pleas. 205
(K) The failure of the court to hold an adjudicatory 207
hearing within any time period set forth in division (A)(2) of 208
6
this section does not affect the ability of the court to issue 209
any order under this chapter and does not provide any basis for 210
attacking the jurisdiction of the court or the validity of any 211
order of the court. 212
(L) If the court, at an adjudicatory hearing held pursuant 214
to division (A) of this section upon a complaint alleging that a 215
child is an abused, neglected, dependent, delinquent, or unruly 216
child or a juvenile traffic offender, determines that the child 217
is a dependent child, the court shall incorporate that 218
determination into written findings of fact and conclusions of 219
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 221
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 222
family problems that are the basis for the court's determination 223
that the child is a dependent child. 224
Sec. 2151.354. (A) AS USED IN THIS SECTION: 235
(1) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 237
SECTION 2925.01 OF THE REVISED CODE.
(2) "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME 239
MEANINGS AS IN SECTION 2927.02 OF THE REVISED CODE. 240
(3) "YOUTH SMOKING EDUCATION PROGRAM" MEANS A PRIVATE OR 242
PUBLIC AGENCY PROGRAM THAT IS RELATED TO TOBACCO USE, PREVENTION, 243
AND CESSATION, THAT IS CARRIED OUT OR FUNDED BY THE TOBACCO USE 244
PREVENTION AND CONTROL FOUNDATION PURSUANT TO SECTION 183.07 OF 245
THE REVISED CODE, THAT UTILIZES EDUCATIONAL METHODS FOCUSING ON 247
THE NEGATIVE HEALTH EFFECTS OF SMOKING AND USING TOBACCO 248
PRODUCTS, AND THAT IS NOT MORE THAN TWELVE HOURS IN DURATION. 249
(B) If the A child is adjudicated an unruly child FOR AN 252
ACT OTHER THAN A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) 253
OR (C) OF SECTION 2151.87 OF THE REVISED CODE, the court may:
(1) Make any of the dispositions authorized under section 255
2151.353 of the Revised Code; 256
(2) Place the child on probation under any conditions that 258
7
the court prescribes; 259
(3) Suspend or revoke the driver's license, probationary 261
driver's license, or temporary instruction permit issued to the 262
child and suspend or revoke the registration of all motor 263
vehicles registered in the name of the child. A child whose 265
license or permit is so suspended or revoked is ineligible for 266
issuance of a license or permit during the period of suspension 267
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 268
until the child has paid any applicable reinstatement fee and 269
complied with all requirements governing license reinstatement. 270
(4) Commit the child to the temporary or permanent custody 272
of the court;
(5) If, after making a disposition under division 274
(A)(B)(1), (2), or (3) of this section, the court finds upon 275
further hearing that the child is not amenable to treatment or 276
rehabilitation under that disposition, make a disposition 277
otherwise authorized under divisions (A)(1), (2), and (A)(7) to 278
(11) of section 2151.355 of the Revised Code, except that the 279
child may not be committed to or placed in a secure correctional 280
facility, and commitment to or placement in a detention home may 281
not exceed twenty-four hours unless authorized by division (C)(3) 282
of section 2151.312 or sections 2151.56 to 2151.61 of the Revised 283
Code.
(B)(C) If a child is adjudicated an unruly child for 285
committing any act that, if committed by an adult, would be a 286
drug abuse offense, as defined in section 2925.01 of the Revised 287
Code, or a violation of division (B) of section 2917.11 of the 288
Revised Code, then, in addition to imposing, in its discretion, 289
any other order of disposition authorized by this section, the 290
court shall do both of the following: 291
(1) Require the child to participate in a drug abuse or 293
alcohol abuse counseling program; 294
(2) Suspend or revoke the temporary instruction permit, 296
8
probationary driver's license, or driver's license issued to the 298
child for a period of time prescribed by the court or, at the 299
discretion of the court, until the child attends and 300
satisfactorily completes a drug abuse or alcohol abuse education, 301
intervention, or treatment program specified by the court. 302
During the time the child is attending the program, the court 303
shall retain any temporary instruction permit, probationary 304
driver's license, or driver's license issued to the child and 305
shall return the permit or license when the child satisfactorily 306
completes the program. 307
(D) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A 309
VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 310
2151.87 OF THE REVISED CODE, THE COURT MAY DO ANY OR ALL OF THE 312
FOLLOWING:
(1) REQUIRE THE CHILD TO ATTEND A YOUTH SMOKING EDUCATION 314
PROGRAM OR OTHER SMOKING TREATMENT PROGRAM APPROVED BY THE COURT, 315
IF ONE IS AVAILABLE; 316
(2) IMPOSE A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS; 318
(3) REQUIRE THE CHILD TO PERFORM NOT MORE THAN TWENTY 320
HOURS OF COMMUNITY SERVICE; 321
(4) SUSPEND FOR A PERIOD OF THIRTY DAYS THE TEMPORARY 324
INSTRUCTION PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S 325
LICENSE ISSUED TO THE CHILD. 326
(E) IF A CHILD DISOBEYS A JUVENILE COURT ORDER ISSUED 328
PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT MAY INCREASE 330
THE FINE, COMMUNITY SERVICE HOURS, OR LICENSE SUSPENSION TIME OF 331
THE CHILD BUT SHALL NOT SENTENCE THE CHILD TO ANY FORM OF
DETENTION. 332
(F) A JUVENILE COURT SHALL NOT ADJUDICATE A CHILD AN 335
UNRULY CHILD FOR A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) 336
OF SECTION 2151.87 OF THE REVISED CODE IF THE CHILD POSSESSES, 339
PURCHASES OR ATTEMPTS TO PURCHASE, ORDERS, PAYS FOR, OR SHARES 340
THE COST OF, OR ACCEPTS OR RECEIVES, CIGARETTES, OTHER TOBACCO 341
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES WHILE PARTICIPATING 342
9
IN AN INSPECTION OR COMPLIANCE CHECK CONDUCTED BY A FEDERAL, 343
STATE, LOCAL, OR CORPORATE ENTITY AT A LOCATION AT WHICH
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 345
CIGARETTES ARE SOLD OR DISTRIBUTED. 346
Sec. 2151.3510. Before a juvenile court issues an order of 355
disposition pursuant to division (A)(B)(1) of section 2151.354 or 357
DIVISION (A)(1) OF SECTION 2151.355 of the Revised Code 358
committing an unruly or delinquent child to the custody of a 359
public children services agency, it shall give the agency notice 360
in the manner prescribed by the Juvenile Rules of the intended 361
dispositional order. 362
Sec. 2151.87. (A) AS USED IN THIS SECTION, "CIGARETTE" 365
AND "TOBACCO PRODUCT" HAVE THE SAME MEANINGS AS IN SECTION 366
2927.02 OF THE REVISED CODE. 367
(B) NO CHILD SHALL DO ANY OF THE FOLLOWING UNLESS 369
ACCOMPANIED BY A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR 371
OLDER, OR LEGAL GUARDIAN OF THE CHILD: 372
(1) USE, CONSUME, OR POSSESS CIGARETTES, OTHER TOBACCO 374
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 375
(2) PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES, OTHER 377
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 378
(3) ORDER, PAY FOR, OR SHARE THE COST OF CIGARETTES, OTHER 381
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES; 382
(4) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 384
ACCEPT OR RECEIVE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 386
USED TO ROLL CIGARETTES.
(C) NO CHILD SHALL KNOWINGLY FURNISH FALSE INFORMATION 388
CONCERNING THAT CHILD'S NAME, AGE, OR OTHER IDENTIFICATION FOR 390
THE PURPOSE OF OBTAINING CIGARETTES, OTHER TOBACCO PRODUCTS, OR 391
PAPERS USED TO ROLL CIGARETTES. 392
(D) A JUVENILE COURT MAY ADJUDICATE A CHILD WHO VIOLATES 395
DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION AN 397
UNRULY CHILD PURSUANT TO THIS CHAPTER. A JUVENILE COURT SHALL 398
NOT ADJUDICATE A CHILD A DELINQUENT CHILD FOR A VIOLATION OF 399
10
DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION. 401
(E) IT IS NOT A VIOLATION OF DIVISION (B)(4) OF THIS 405
SECTION FOR A CHILD TO ACCEPT OR RECEIVE CIGARETTES, OTHER 406
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE CHILD 407
IS REQUIRED TO DO SO IN THE PERFORMANCE OF THE CHILD'S DUTIES AS 408
AN EMPLOYEE OF THAT CHILD'S EMPLOYER AND THE CHILD'S ACCEPTANCE 409
OR RECEIPT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 410
TO ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF THE 411
CHILD'S EMPLOYMENT. 412
Sec. 2927.02. (A) AS USED IN THIS SECTION AND SECTION 421
2927.021 OF THE REVISED CODE:
(1) "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 OF 423
THE REVISED CODE.
(2) "CIGARETTE" INCLUDES CLOVE CIGARETTES AND HAND-ROLLED 426
CIGARETTES.
(3) "DISTRIBUTE" MEANS TO FURNISH, GIVE, OR PROVIDE 429
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 430
CIGARETTES TO THE ULTIMATE CONSUMER OF THE CIGARETTES, OTHER 431
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES. 432
(4) "PROOF OF AGE" MEANS A DRIVER'S LICENSE, A COMMERCIAL 435
DRIVER'S LICENSE, A MILITARY IDENTIFICATION CARD, A PASSPORT, OR 436
AN IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 437
OF THE REVISED CODE THAT SHOWS THAT A PERSON IS EIGHTEEN YEARS OF 438
AGE OR OLDER.
(5) "TOBACCO PRODUCT" MEANS ANY PRODUCT THAT IS MADE FROM 441
TOBACCO, INCLUDING, BUT NOT LIMITED TO, A CIGARETTE, A CIGAR, 442
PIPE TOBACCO, CHEWING TOBACCO, OR SNUFF. 443
(6) "VENDING MACHINE" HAS THE SAME MEANING AS "COIN 446
MACHINE" IN SECTION 2913.01 OF THE REVISED CODE. 447
(B) No manufacturer, producer, distributor, wholesaler, or 450
retailer of cigarettes or, other tobacco products, or any PAPERS 451
USED TO ROLL CIGARETTES, NO agent, employee, or representative of 452
a manufacturer, producer, distributor, wholesaler, or retailer of 453
cigarettes or, other tobacco products, OR PAPERS USED TO ROLL 455
11
CIGARETTES, AND NO OTHER PERSON shall do any of the following: 456
(1) Give, sell, or otherwise distribute cigarettes or, 458
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to any 459
person under eighteen years of age CHILD; 460
(2) Give away, sell, or distribute cigarettes or, other 462
tobacco products, OR PAPERS USED TO ROLL CIGARETTES in any place 463
that does not have posted in a conspicuous place a sign stating 465
that giving, selling, or otherwise distributing cigarettes or, 466
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to a 468
person under eighteen years of age is prohibited by law;
(3) KNOWINGLY FURNISH ANY FALSE INFORMATION REGARDING THE 470
NAME, AGE, OR OTHER IDENTIFICATION OF ANY CHILD WITH PURPOSE TO 472
OBTAIN CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 473
CIGARETTES FOR THAT CHILD.
(B)(C) No person shall sell or offer to sell cigarettes or 475
other tobacco products by or from a vending machine, except in 476
the following locations: 477
(1) An area either: 479
(a) Within WITHIN a factory, business, office, or other 481
place not open to the general public; or 483
(b) To (2) AN AREA TO which persons under the age of 486
eighteen years CHILDREN are not generally permitted access; 487
(2) In any (3) ANY other place not identified in division 490
(B)(C)(1) OR (2) of this section, upon all of the following 491
conditions:
(a) The vending machine is located within the immediate 493
vicinity, plain view, and control of the person who owns or 494
operates the place, or an employee of such THAT person, so that 495
all cigarettes and other tobacco product purchases from the 497
vending machine will be readily observed by the person who owns 498
or operates the place or an employee of such THAT person. For 499
the purpose of this section, a vending machine located in any 500
unmonitored area, including an unmonitored coatroom, restroom, 501
hallway, or outer waiting area, shall not be considered located 502
12
within the immediate vicinity, plain view, and control of the 503
person who owns or operates the place, or an employee of such 504
THAT person. 506
(b) The vending machine is inaccessible to the public when 508
the place is closed. 509
(C) As used in this section, "vending machine" has the 511
same meaning as "coin machine" as defined in section 2913.01 of 512
the Revised Code. 513
(D) THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO A CHARGE 516
UNDER DIVISION (B)(1) OF THIS SECTION: 517
(1) THE CHILD WAS ACCOMPANIED BY A PARENT, SPOUSE WHO IS 520
EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD. 521
(2) THE PERSON WHO GAVE, SOLD, OR DISTRIBUTED CIGARETTES, 523
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO A 524
CHILD UNDER DIVISION (B)(1) OF THIS SECTION IS A PARENT, SPOUSE 526
WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE 527
CHILD.
(3) ALL OF THE FOLLOWING APPLY: 530
(a) THE PERSON PURCHASING OR RECEIVING THE CIGARETTES, 533
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES, AT THE 534
TIME OF THAT PURCHASE OR RECEIPT, EXHIBITED A PROOF OF AGE TO THE 535
PERSON GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER 536
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES. 537
(b) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE 540
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 541
CIGARETTES MADE A GOOD FAITH EFFORT TO DETERMINE THE TRUE AGE OF 542
THE PERSON PURCHASING OR RECEIVING THEM BY CHECKING THE PROOF OF 543
AGE EXHIBITED, AT THE TIME OF GIVING, SELLING, OR DISTRIBUTING 544
THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 545
CIGARETTES, TO ASCERTAIN THAT THE DESCRIPTION ON THE PROOF OF AGE 546
COMPARED WITH THE APPEARANCE OF THE PERSON PURCHASING OR 547
RECEIVING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 548
TO ROLL CIGARETTES AND THAT THE PROOF OF AGE EXHIBITED HAD NOT 549
BEEN ALTERED IN ANY WAY.
13
(c) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE 552
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 553
CIGARETTES HAD REASONABLE CAUSE TO BELIEVE THAT THE PERSON 554
PURCHASING OR RECEIVING THEM WAS EIGHTEEN YEARS OF AGE OR OLDER. 555
(E)(1) Whoever violates DIVISION (B)(1) OR (2) OR (C) OF 558
this section is guilty of illegal distribution of cigarettes or 559
other tobacco products, a misdemeanor of the fourth degree. If 560
the offender previously has been convicted of a violation of 561
DIVISION (B)(1) OR (2) OR (C) OF this section, then illegal 562
distribution of cigarettes or other tobacco products is a 563
misdemeanor of the third degree. 564
(2) WHOEVER VIOLATES DIVISION (B)(3) OF THIS SECTION IS 567
GUILTY OF PERMITTING CHILDREN TO USE CIGARETTES OR OTHER TOBACCO 568
PRODUCTS, A MISDEMEANOR OF THE FOURTH DEGREE. IF THE OFFENDER
PREVIOUSLY HAS BEEN CONVICTED OF A VIOLATION OF DIVISION (B)(3) 569
OF THIS SECTION, PERMITTING CHILDREN TO USE CIGARETTES OR OTHER 570
TOBACCO PRODUCTS IS A MISDEMEANOR OF THE THIRD DEGREE. 571
(F) IF A PERSON WHO GIVES, SELLS, OR DISTRIBUTES 574
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 575
CIGARETTES AS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION HAS 576
REASONABLE CAUSE TO BELIEVE THAT A PROSPECTIVE PURCHASER OR 577
RECIPIENT OF THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 578
USED TO ROLL CIGARETTES IS A CHILD, THE PERSON WHO GIVES, SELLS, 580
OR DISTRIBUTES THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 581
USED TO ROLL CIGARETTES SHALL DEMAND THAT THE PROSPECTIVE 582
PURCHASER OR RECIPIENT EXHIBIT A PROOF OF AGE. 583
(G) ANY CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED 586
TO ROLL CIGARETTES THAT ARE GIVEN, SOLD, OR OTHERWISE DISTRIBUTED 587
TO A CHILD IN VIOLATION OF THIS SECTION AND THAT ARE USED, 588
POSSESSED, PURCHASED, OR RECEIVED BY A CHILD IN VIOLATION OF 589
SECTION 2151.87 OF THE REVISED CODE ARE SUBJECT TO SEIZURE AND 591
FORFEITURE AS CONTRABAND UNDER SECTIONS 2933.42 AND 2933.43 OF 592
THE REVISED CODE. 593
Sec. 2927.021. (A) EVERY PERSON WHO IS ENGAGED IN THE 595
14
BUSINESS OF SELLING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 596
USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT SHALL REQUIRE 597
EACH INDIVIDUAL EMPLOYED BY THAT PERSON AS A RETAIL SALES CLERK 599
IN THE RETAIL ESTABLISHMENT TO MAKE A WRITTEN CERTIFICATION ON A
FORM PROVIDED BY THE EMPLOYER ACKNOWLEDGING THAT THE INDIVIDUAL 600
EMPLOYED AS A RETAIL SALES CLERK HAS RECEIVED AND READ THE 601
FOLLOWING STATEMENTS:
"THE LAWS OF THIS STATE DO BOTH OF THE FOLLOWING: 603
(1) PROHIBIT THE SALE OR DISTRIBUTION OF CIGARETTES, OTHER 605
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO ANY PERSON 606
UNDER EIGHTEEN YEARS OF AGE AND PROHIBIT THE PURCHASE, ATTEMPT TO 609
PURCHASE, ACCEPTANCE, OR RECEIPT OF CIGARETTES, OTHER TOBACCO
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES BY ANY PERSON UNDER 611
EIGHTEEN YEARS OF AGE, EXCEPT WHEN THE ACCEPTANCE OR RECEIPT OF 612
THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 613
CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF EMPLOYMENT OF 614
THE PERSON UNDER EIGHTEEN YEARS OF AGE; 615
(2) REQUIRE THAT A PROOF OF AGE BE DEMANDED FROM A 618
PROSPECTIVE PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE RETAIL SALES 619
CLERK HAS REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE 621
PURCHASER OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE. 622
I UNDERSTAND THAT STATE LAW PROHIBITS THE SALE OR 624
DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS 625
USED TO ROLL CIGARETTES TO PERSONS UNDER EIGHTEEN YEARS OF AGE 626
AND REQUIRES THAT A PROOF OF AGE BE DEMANDED FROM A PROSPECTIVE 628
PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR 629
PAPERS USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT IF I 630
HAVE REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE PURCHASER 632
OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE. I UNDERSTAND THAT 633
VIOLATING THIS LAW IS A CRIMINAL OFFENSE." 634
(B) AN INDIVIDUAL WHO IS EMPLOYED AS A RETAIL SALES CLERK 636
IN A RETAIL ESTABLISHMENT SHALL MAKE THE CERTIFICATION DESCRIBED 638
IN DIVISION (A) OF THIS SECTION BEFORE THE INDIVIDUAL COMMENCES 639
15
WORK AS A RETAIL SALES CLERK OR, IN THE CASE OF AN INDIVIDUAL 641
EMPLOYED AS A RETAIL SALES CLERK ON THE EFFECTIVE DATE OF THIS 643
SECTION, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 644
SECTION. EACH WRITTEN CERTIFICATION SHALL SET FORTH THE DATE ON 645
WHICH THE CERTIFICATION WAS MADE. THE EMPLOYER SHALL DELIVER A 647
COPY OF THE EXECUTED CERTIFICATION FORM TO THE PERSON WHO MADE 649
THE CERTIFICATION. THE EMPLOYER SHALL RETAIN THE ORIGINAL SIGNED 650
CERTIFICATION FORM FOR NOT LESS THAN FOUR MONTHS AFTER THE 651
INDIVIDUAL HAS LEFT THE EMPLOYER'S EMPLOYMENT. 652
(C)(1) NO PERSON ENGAGED IN THE BUSINESS OF SELLING 654
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL 655
CIGARETTES IN A RETAIL ESTABLISHMENT SHALL FAIL TO COMPLY WITH 656
THE REQUIREMENTS IMPOSED BY DIVISION (A) OF THIS SECTION. 657
(2) NO RETAIL SALES CLERK IN A RETAIL ESTABLISHMENT SHALL 659
FAIL TO COMPLY WITH THE REQUIREMENTS IMPOSED BY DIVISION (B) OF 660
THIS SECTION. 661
(D) A COURT SHALL IMPOSE A FINE OF FIFTY DOLLARS FOR A 663
VIOLATION OF DIVISION (C)(1) OR (2) OF THIS SECTION. 665
Section 2. That existing sections 2151.28, 2151.354, 667
2151.3510, and 2927.02 of the Revised Code are hereby repealed. 668
Section 3. Nothing in this act shall be construed as 670
limiting or affecting the powers of townships or municipal 671
corporations to regulate the purchase, use, or sale of tobacco. 672