To amend sections 2151.28, 2151.354, 2151.3510, and 2927.02 and to enact sections 2151.87 and 2927.021 of the Revised Code to expand the offense of illegal distribution of cigarettes or other tobacco products; to create the offense of permitting children to use cigarettes or other tobacco products; to prohibit children from possessing, using, purchasing, or receiving cigarettes or other tobacco products; and to require sellers to sign a certification regarding the prohibitions and requirements incident to sales of cigarettes or other tobacco products and to demand proof of age of purchasers believed to be under eighteen years of age.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 2151.28. (A) No later than seventy-two hours after the complaint is filed, the court shall fix a time for an adjudicatory hearing. The court shall conduct the adjudicatory hearing within one of the following periods of time:

(1) If the complaint alleged that the child is a delinquent or unruly child or a juvenile traffic offender, the adjudicatory hearing shall be held and may be continued in accordance with the Juvenile Rules.

(2) If the complaint alleged that the child is an abused, neglected, or dependent child, the adjudicatory hearing shall be held no later than thirty days after the complaint is filed, except that, for good cause shown, the court may continue the adjudicatory hearing for either of the following periods of time:

(a) For ten days beyond the thirty-day deadline to allow any party to obtain counsel;

(b) For a reasonable period of time beyond the thirty-day deadline to obtain service on all parties or any necessary evaluation, except that the adjudicatory hearing shall not be held later than sixty days after the date on which the complaint was filed.

(B) At an adjudicatory hearing held pursuant to division (A)(2) of this section, the court, in addition to determining whether the child is an abused, neglected, or dependent child, shall determine whether the child should remain or be placed in shelter care until the dispositional hearing. When the court makes the shelter care determination, all of the following apply:

(1) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child otherwise would remain or be placed in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and the guardian ad litem of the child.

The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.

(2) The court shall comply with section 2151.419 of the Revised Code.

(3) The court shall schedule the date for the dispositional hearing to be held pursuant to section 2151.35 of the Revised Code. The parents of the child have a right to be represented by counsel; however, in no case shall the dispositional hearing be held later than ninety days after the date on which the complaint was filed.

(C)(1) The court shall direct the issuance of a summons directed to the child except as provided by this section, the parents, guardian, custodian, or other person with whom the child may be, and any other persons that appear to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed to answer the allegations of the complaint. The summons shall contain the name and telephone number of the court employee designated by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons. A child alleged to be an abused, neglected, or dependent child shall not be summoned unless the court so directs. A summons issued for a child who is under fourteen years of age and who is alleged to be a delinquent child, unruly child, or a juvenile traffic offender shall be served on the parent, guardian, or custodian of the child in the child's behalf.

If the person who has physical custody of the child, or with whom the child resides, is other than the parent or guardian, then the parents and guardian also shall be summoned. A copy of the complaint shall accompany the summons.

(2) IN LIEU OF APPEARING BEFORE THE COURT AT THE TIME FIXED IN THE SUMMONS AND PRIOR TO THE DATE FIXED FOR APPEARANCE IN THE SUMMONS, A CHILD WHO IS ALLEGED TO BE AN UNRULY CHILD FOR COMMITTING AN ACT IN VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 2151.87 OF THE REVISED CODE AND THAT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN MAY SIGN A WAIVER OF APPEARANCE BEFORE THE CLERK OF THE JUVENILE COURT AND PAY A FINE OF ONE HUNDRED DOLLARS. IF THE CHILD AND THAT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN DO NOT WAIVE THE COURT APPEARANCE, THE COURT SHALL PROCEED WITH THE ADJUDICATORY HEARING AS PROVIDED IN THIS SECTION.

(D) If the complaint contains a prayer for permanent custody, temporary custody, whether as the preferred or an alternative disposition, or a planned permanent living arrangement in a case involving an alleged abused, neglected, or dependent child, the summons served on the parents shall contain as is appropriate an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges, an explanation that an adjudication that the child is an abused, neglected, or dependent child may result in an order of temporary custody that will cause the removal of the child from their legal custody until the court terminates the order of temporary custody or permanently divests the parents of their parental rights, or an explanation that the issuance of an order for a planned permanent living arrangement will cause the removal of the child from the legal custody of the parents if any of the conditions listed in divisions (A)(5)(a) to (c) of section 2151.353 of the Revised Code are found to exist.

(E) The court may endorse upon the summons an order directing the parents, guardian, or other person with whom the child may be to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(F)(1) The summons shall contain a statement advising that any party is entitled to counsel in the proceedings and that the court will appoint counsel or designate a county public defender or joint county public defender to provide legal representation if the party is indigent.

(2) In cases in which the complaint alleges a child to be an abused, neglected, or dependent child and no hearing has been conducted pursuant to division (A) of section 2151.314 of the Revised Code with respect to the child or a parent, guardian, or custodian of the child does not attend the hearing, the summons also shall contain a statement advising that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of failure to comply with a journalized case plan.

(G) If it appears from an affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others, that the child may abscond or be removed from the jurisdiction of the court, or that the child will not be brought to the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer serve the summons and take the child into immediate custody and bring the child forthwith to the court.

(H) A party, other than the child, may waive service of summons by written stipulation.

(I) Before any temporary commitment is made permanent, the court shall fix a time for hearing in accordance with section 2151.414 of the Revised Code and shall cause notice by summons to be served upon the parent or guardian of the child and the guardian ad litem of the child, or published, as provided in section 2151.29 of the Revised Code. The summons shall contain an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges.

(J) Any person whose presence is considered necessary and who is not summoned may be subpoenaed to appear and testify at the hearing. Anyone summoned or subpoenaed to appear who fails to do so may be punished, as in other cases in the court of common pleas, for contempt of court. Persons subpoenaed shall be paid the same witness fees as are allowed in the court of common pleas.

(K) The failure of the court to hold an adjudicatory hearing within any time period set forth in division (A)(2) of this section does not affect the ability of the court to issue any order under this chapter and does not provide any basis for attacking the jurisdiction of the court or the validity of any order of the court.

(L) If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, determines that the child is a dependent child, the court shall incorporate that determination into written findings of fact and conclusions of law and enter those findings of fact and conclusions of law in the record of the case. The court shall include in those findings of fact and conclusions of law specific findings as to the existence of any danger to the child and any underlying family problems that are the basis for the court's determination that the child is a dependent child.

Sec. 2151.354. (A) AS USED IN THIS SECTION:

(1) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN SECTION 2925.01 of the Revised Code.

(2) "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME MEANINGS AS IN SECTION 2927.02 of the Revised Code.

(3) "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 TOBACCO USE PREVENTION AND CONTROL FOUNDATION PURSUANT TO SECTION 183.07 of the Revised Code, 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.

(B) If the A child is adjudicated an unruly child FOR AN ACT OTHER THAN A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 2151.87 of the Revised Code, the court may:

(1) Make any of the dispositions authorized under section 2151.353 of the Revised Code;

(2) Place the child on probation under any conditions that the court prescribes;

(3) Suspend or revoke the driver's license, probationary driver's license, or temporary instruction permit issued to the child and suspend or revoke the registration of all motor vehicles registered in the name of the child. A child whose license or permit is so suspended or revoked is ineligible for issuance of a license or permit during the period of suspension or revocation. At the end of the period of suspension or revocation, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.

(4) Commit the child to the temporary or permanent custody of the court;

(5) If, after making a disposition under division (A)(B)(1), (2), or (3) of this section, the court finds upon further hearing that the child is not amenable to treatment or rehabilitation under that disposition, make a disposition otherwise authorized under divisions (A)(1), (2), and (A)(7) to (11) of section 2151.355 of the Revised Code, except that the child may not be committed to or placed in a secure correctional facility, and commitment to or placement in a detention home may not exceed twenty-four hours unless authorized by division (C)(3) of section 2151.312 or sections 2151.56 to 2151.61 of the Revised Code.

(B)(C) If a child is adjudicated an unruly child for committing any act that, if committed by an adult, would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, or a violation of division (B) of section 2917.11 of the Revised Code, then, in addition to imposing, in its discretion, any other order of disposition authorized by this section, the court shall do both of the following:

(1) Require the child to participate in a drug abuse or alcohol abuse counseling program;

(2) Suspend or revoke the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a period of time prescribed by the court or, at the discretion of the court, until the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending the program, the court shall retain any temporary instruction permit, probationary driver's license, or driver's license issued to the child and shall return the permit or license when the child satisfactorily completes the program.

(D) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF SECTION 2151.87 of the Revised Code, THE COURT MAY DO ANY OR ALL 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;

(3) REQUIRE THE CHILD TO PERFORM NOT MORE THAN TWENTY HOURS OF COMMUNITY SERVICE;

(4) SUSPEND FOR A PERIOD OF THIRTY DAYS THE TEMPORARY INSTRUCTION PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED TO THE CHILD.

(E) IF A CHILD DISOBEYS A JUVENILE COURT ORDER ISSUED PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT MAY INCREASE THE FINE, COMMUNITY SERVICE HOURS, OR LICENSE SUSPENSION TIME OF THE CHILD BUT SHALL NOT SENTENCE THE CHILD TO ANY FORM OF DETENTION.

(F) A JUVENILE COURT SHALL NOT ADJUDICATE A CHILD AN UNRULY CHILD FOR A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OF SECTION 2151.87 OF THE REVISED CODE IF THE CHILD POSSESSES, PURCHASES OR ATTEMPTS TO PURCHASE, ORDERS, PAYS FOR, OR SHARES THE COST OF, OR ACCEPTS OR RECEIVES, CIGARETTES, OTHER TOBACCO 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, OR PAPERS USED TO ROLL CIGARETTES ARE SOLD OR DISTRIBUTED.

Sec. 2151.3510. Before a juvenile court issues an order of disposition pursuant to division (A)(B)(1) of section 2151.354 or DIVISION (A)(1) OF SECTION 2151.355 of the Revised Code committing an unruly or delinquent child to the custody of a public children services agency, it shall give the agency notice in the manner prescribed by the Juvenile Rules of the intended dispositional order.

Sec. 2151.87. (A) AS USED IN THIS SECTION, "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME MEANINGS AS IN SECTION 2927.02 OF THE REVISED CODE.

(B) NO CHILD SHALL DO ANY OF THE FOLLOWING UNLESS ACCOMPANIED BY A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD:

(1) USE, CONSUME, OR POSSESS CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES;

(2) PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES;

(3) ORDER, PAY FOR, OR SHARE THE COST OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES;

(4) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, ACCEPT OR RECEIVE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES.

(C) NO CHILD SHALL KNOWINGLY FURNISH FALSE INFORMATION CONCERNING THAT CHILD'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE OF OBTAINING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES.

(D) A JUVENILE COURT MAY ADJUDICATE A CHILD WHO VIOLATES DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION AN UNRULY CHILD PURSUANT TO THIS CHAPTER. A JUVENILE COURT SHALL NOT ADJUDICATE A CHILD A DELINQUENT CHILD FOR A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4) OR (C) OF THIS SECTION.

(E) IT IS NOT A VIOLATION OF DIVISION (B)(4) OF THIS SECTION FOR A CHILD TO ACCEPT OR RECEIVE CIGARETTES, OTHER TOBACCO 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, OR PAPERS USED TO ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF THE CHILD'S EMPLOYMENT.

Sec. 2927.02. (A) AS USED IN THIS SECTION AND SECTION 2927.021 of the Revised Code:

(1) "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 of the Revised Code.

(2) "CIGARETTE" INCLUDES CLOVE CIGARETTES AND HAND-ROLLED CIGARETTES.

(3) "DISTRIBUTE" MEANS TO FURNISH, GIVE, OR PROVIDE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO THE ULTIMATE CONSUMER OF THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES.

(4) "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 EIGHTEEN YEARS OF AGE OR OLDER.

(5) "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.

(6) "VENDING MACHINE" HAS THE SAME MEANING AS "COIN MACHINE" IN SECTION 2913.01 of the Revised Code.

(B) No manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or, other tobacco products, or any PAPERS USED TO ROLL CIGARETTES, NO agent, employee, or representative of a manufacturer, producer, distributor, wholesaler, or retailer of cigarettes or, other tobacco products, OR PAPERS USED TO ROLL CIGARETTES, AND NO OTHER PERSON shall do any of the following:

(1) Give, sell, or otherwise distribute cigarettes or, other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to any person under eighteen years of age CHILD;

(2) Give away, sell, or distribute cigarettes or, other tobacco 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 or, other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to a person under eighteen years of age is prohibited by law;

(3) KNOWINGLY FURNISH ANY FALSE INFORMATION REGARDING THE NAME, AGE, OR OTHER IDENTIFICATION OF ANY CHILD WITH PURPOSE TO OBTAIN CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES FOR THAT CHILD.

(B)(C) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine, except in the following locations:

(1) An area either:

(a) Within WITHIN a factory, business, office, or other place not open to the general public; or

(b) To (2) AN AREA TO which persons under the age of eighteen years CHILDREN are not generally permitted access;

(2) In any (3) ANY other place not identified in division (B)(C)(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 such THAT person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such 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 such THAT person.

(b) The vending machine is inaccessible to the public when the place is closed.

(C) As used in this section, "vending machine" has the same meaning as "coin machine" as defined in section 2913.01 of the Revised Code.

(D) THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO A CHARGE UNDER DIVISION (B)(1) OF THIS SECTION:

(1) THE CHILD WAS ACCOMPANIED BY A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD.

(2) THE PERSON WHO GAVE, SOLD, OR DISTRIBUTED CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO A CHILD UNDER DIVISION (B)(1) OF THIS SECTION IS A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE CHILD.

(3) ALL OF THE FOLLOWING APPLY:

(a) THE PERSON PURCHASING OR RECEIVING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES, AT THE TIME OF THAT PURCHASE OR RECEIPT, EXHIBITED A PROOF OF AGE TO THE PERSON GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES.

(b) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES MADE A GOOD FAITH EFFORT TO DETERMINE THE TRUE AGE OF THE PERSON PURCHASING OR RECEIVING THEM BY CHECKING THE PROOF OF AGE EXHIBITED, AT THE TIME OF GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES, TO ASCERTAIN THAT THE DESCRIPTION ON THE PROOF OF AGE COMPARED WITH THE APPEARANCE OF THE PERSON PURCHASING OR RECEIVING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES AND THAT THE PROOF OF AGE EXHIBITED HAD NOT BEEN ALTERED IN ANY WAY.

(c) THE PERSON GIVING, SELLING, OR DISTRIBUTING THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES HAD REASONABLE CAUSE TO BELIEVE THAT THE PERSON PURCHASING OR RECEIVING THEM WAS EIGHTEEN YEARS OF AGE OR OLDER.

(E)(1) Whoever violates DIVISION (B)(1) OR (2) OR (C) OF this section is guilty of illegal distribution of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of DIVISION (B)(1) OR (2) OR (C) OF this section, then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.

(2) WHOEVER VIOLATES DIVISION (B)(3) OF THIS SECTION IS GUILTY OF PERMITTING CHILDREN TO USE CIGARETTES OR OTHER TOBACCO PRODUCTS, A MISDEMEANOR OF THE FOURTH DEGREE. IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF A VIOLATION OF DIVISION (B)(3) OF THIS SECTION, PERMITTING CHILDREN TO USE CIGARETTES OR OTHER TOBACCO PRODUCTS IS A MISDEMEANOR OF THE THIRD DEGREE.

(F) IF A PERSON WHO GIVES, SELLS, OR DISTRIBUTES CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES AS DESCRIBED IN DIVISION (B)(1) OF THIS SECTION HAS REASONABLE CAUSE TO BELIEVE THAT A PROSPECTIVE PURCHASER OR RECIPIENT OF THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IS A CHILD, THE PERSON WHO GIVES, SELLS, OR DISTRIBUTES THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES SHALL DEMAND THAT THE PROSPECTIVE PURCHASER OR RECIPIENT EXHIBIT A PROOF OF AGE.

(G) ANY CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES THAT ARE GIVEN, SOLD, OR OTHERWISE DISTRIBUTED TO A CHILD IN VIOLATION OF THIS SECTION AND THAT ARE USED, POSSESSED, PURCHASED, OR RECEIVED BY A CHILD IN VIOLATION OF SECTION 2151.87 OF THE REVISED CODE ARE SUBJECT TO SEIZURE AND FORFEITURE AS CONTRABAND UNDER SECTIONS 2933.42 AND 2933.43 OF THE REVISED CODE.

Sec. 2927.021. (A) EVERY PERSON WHO IS ENGAGED IN THE BUSINESS OF SELLING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT SHALL REQUIRE EACH INDIVIDUAL EMPLOYED BY THAT PERSON AS A RETAIL SALES CLERK IN THE RETAIL ESTABLISHMENT TO MAKE A WRITTEN CERTIFICATION ON A FORM PROVIDED BY THE EMPLOYER ACKNOWLEDGING THAT THE INDIVIDUAL EMPLOYED AS A RETAIL SALES CLERK HAS RECEIVED AND READ THE FOLLOWING STATEMENTS:

"THE LAWS OF THIS STATE DO BOTH OF THE FOLLOWING:

(1) PROHIBIT THE SALE OR DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE AND PROHIBIT THE PURCHASE, ATTEMPT TO PURCHASE, ACCEPTANCE, OR RECEIPT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES BY ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT WHEN THE ACCEPTANCE OR RECEIPT OF THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF EMPLOYMENT OF THE PERSON UNDER EIGHTEEN YEARS OF AGE;

(2) REQUIRE THAT A PROOF OF AGE BE DEMANDED FROM A PROSPECTIVE PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IF THE RETAIL SALES CLERK HAS REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE PURCHASER OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE.

I UNDERSTAND THAT STATE LAW PROHIBITS THE SALE OR DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO PERSONS UNDER EIGHTEEN YEARS OF AGE AND REQUIRES THAT A PROOF OF AGE BE DEMANDED FROM A PROSPECTIVE PURCHASER OR RECIPIENT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT IF I HAVE REASONABLE CAUSE TO BELIEVE THAT THE PROSPECTIVE PURCHASER OR RECIPIENT IS UNDER EIGHTEEN YEARS OF AGE. I UNDERSTAND THAT VIOLATING THIS LAW IS A CRIMINAL OFFENSE."

(B) AN INDIVIDUAL WHO IS EMPLOYED AS A RETAIL SALES CLERK IN A RETAIL ESTABLISHMENT SHALL MAKE THE CERTIFICATION DESCRIBED IN DIVISION (A) OF THIS SECTION BEFORE THE INDIVIDUAL COMMENCES WORK AS A RETAIL SALES CLERK OR, IN THE CASE OF AN INDIVIDUAL EMPLOYED AS A RETAIL SALES CLERK ON THE EFFECTIVE DATE OF THIS SECTION, WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. EACH WRITTEN CERTIFICATION SHALL SET FORTH THE DATE ON WHICH THE CERTIFICATION WAS MADE. THE EMPLOYER SHALL DELIVER A COPY OF THE EXECUTED CERTIFICATION FORM TO THE PERSON WHO MADE THE CERTIFICATION. THE EMPLOYER SHALL RETAIN THE ORIGINAL SIGNED CERTIFICATION FORM FOR NOT LESS THAN FOUR MONTHS AFTER THE INDIVIDUAL HAS LEFT THE EMPLOYER'S EMPLOYMENT.

(C)(1) NO PERSON ENGAGED IN THE BUSINESS OF SELLING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES IN A RETAIL ESTABLISHMENT SHALL FAIL TO COMPLY WITH THE REQUIREMENTS IMPOSED BY DIVISION (A) OF THIS SECTION.

(2) NO RETAIL SALES CLERK IN A RETAIL ESTABLISHMENT SHALL FAIL TO COMPLY WITH THE REQUIREMENTS IMPOSED BY DIVISION (B) OF THIS SECTION.

(D) A COURT SHALL IMPOSE A FINE OF FIFTY DOLLARS FOR A VIOLATION OF DIVISION (C)(1) OR (2) OF THIS SECTION.