Ordinance 024-17RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Form No. 30043
Ordinance No. 24-17 (Amended) Passed 20
AN ORDINANC t-, AMENDING THE DUBLIN CODIFIED
ORDINANCES YO PROHIBIT THE SALE OR OTHER
DISTRIBUTION OF CIGARETTES, OTHER TOBACCO PRODUCTS,
OR ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER
21 YEARS OLD; TO REQUIRE LICENSURE FOR THE SALE OF
TOBACCO AND ALTERNATIVE NICOTINE PRODUCTS WITHIN
THE CITY OF DUBLIN; AND TO AUTHORIZE THE CITY
MANAGER TO CONTRACT WITH FRANKLIN COUNTY PUBLIC
HEALTH TO ACT AS THE CITY'S AGENT FOR LICENSXNG
TOBACCO AND ALTERNATIVE NICOTINE PRODUCT RETAILERS.
WHEREAS, every year tobacco products lead to the deaths of nearly one-half million
Americans and drain more than $268 billion in directly related healthcare and lost
productivity costs, and
WHEREAS, nearly all adult smokers began smoking before the age of 18, while very
few smokers start smoking after the age of 21, according to a 2015 white paper
published by The Ohio State University College of Public Health; and
WHEREAS, studies have shown that many children under the age of 18 who smoke
obtain their cigarettes from acquaintances who are 18-20; and
WHEREAS, to date, over 260 communities across the United States, as well as the
States of Hawaii and c"alifornia, have passed legislation to raise the minimum age for
tobacco sales to 21 years old; and
WHEREAS, since 2015, eight municipalities in the State of Ohio have adopted
ordinances increasing the age for tobacco sales to 21 years old; and
WHEREAS, raising the age for tobacco sales in the City of Dublin would lessen the
accessibility of tobacco to minors and further the City's interest in furthering the
health, safety, and general welfare of the residents of the City of Dublin; and
WHEREAS, representatives of the City have met with representatives of Franklin
County Public Health and other Franklin County municipalities regarding opportunities
for cooperation on effective enforcement of tobacco -to -21 ordinances; and
WHEREAS, the City of Dublin would be a leader in joining Franklin County Public
Health to support a licensing program for the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, of the elected members
concurring:
Section 1. That Section 135.17, Illegal Distribution of Cigarettes, Other Tobacco
Products, or Alternative Nicotine Products; Transaction Scans, in the General Offenses
Code, is hereby amended to read as follows:
§ 135.17 ILLEGAL DISTRIBUTION OF CIGARETTES, OTHER TOBACCO
PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; TRANSACTION
SCANS.
(A) Illegal distribution of cigarettes, other tobacco products, or alternative
nicotine products.
(1) As used in this section:
AGE VERIFICATION. 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
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Form No. 30043
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the purchaser is 48 2.1 of age or older.
AL TERNA TIVE NICOTINE PRODUCT,
1. Subject to division 2. of this definition, 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.
2. The phrase 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(9)(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).
CHILD includes CHILDREN), Has the same meaning as in R.C. §
2151.011.
CIGARETTE, Includes clove cigarettes and hand -rolled cigarettes.
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.
ELECTRONIC CIGARETTE.
1. Subject to division 2. of this definition, 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, or electronic pipe.
2. The phrase does not include any item, product, or device described in
division 2. of the definition for "alternative nicotine product" in this section.
PERSON UNDER 21, � or purposes of this section, means a natural person who
has reached the age of 18 years but has not yet reached the age of 21 years
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 R.C.
§§ 4507.50 to 4507.52 that shows that a person is 4-8 21 years of age or older.
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.
VENDING MACHINE, Has the same meaning as "coin machine" in R.C. §
2913.01.
(2) No manufacturer, producer, distributor, wholesaler, or retailer of
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, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes, and no other person shall do
any of the following:
(a) Give, sell, or otherwise distribute cigarettes, other tobacco products,
alternative nicotine products, or papers used to roll cigarettes to any child;
(b) Give away, sell, or distribute 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 X21 years of age is
prohibited by law. Each day that the required sign is not posted shall constitute a
separate offense;
(c) Knowingly furnish any false information regarding the name, age, or
other identification of any child or person under G.L with purpose to obtain
cigarettes, other tobacco products, alternative nicotine products, or papers used to
roll cigarettes for that child or person under 21;
(d) Manufacture, sell, or distribute in this state any pack or other container
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of cigarettes containing fewer than 20 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,,
(cil Gk e, sell, or otherwise distribute cigarettes, other tobacco products
alternative nicotine products, or papers used to roll cigarettes to any person under
21.
(3) No person shall sell or offer to sell cigarettes, other tobacco products, or
alternative nicotine products by or from a vending machine, except in the following
locations:
(a) An area within a factory, business, office, or other place not open to the
general public;
(b) An area to which children are not generally permitted access;
(c) Any other place not identified in division (A)(3)(a) or (A)(3)(b) of this
section, upon all of the following conditions:
1. 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.
2. The vending machine is inaccessible to the public when the place is
closed.
(4) The following are affirmative defenses to a charge under division
(A)(2)(a) and (A)(2)(glof this section:
(a) The child or person under 21 was accompanied by a parent, spouse
who is 18 years of age or older, or legal guardian of the child.
(b) The person who gave, sold, or distributed cigarettes, other tobacco
products, alternative nicotine products, or papers used to roll cigarettes to a child
under division (A)(2)(a) of this section or to a person under 21 under division
)(g) of this section is a parent, spouse who is 18 years of age or older, or
legal guardian of the child or person under 21.
(5) It is not a violation of division (A)(2)(a) ef-(A)(2)(b), or (A)(2)(g) of this
section for a person to give or otherwise distribute to a child or oerson unrier 21
cigarettes, other tobacco products, alternative nicotine products, or papers used to
roll cigarettes while the child or person under 21 is 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 or the person under 21
has consented in writing on his or her own behalf.
(b) An institutional human subjects protection review board, or an
equivalent entity, has approved the research protocol.
(c) The child or person under 21 is participating in the research protocol at
the facility or location specified in the research protocol.
(6) it is not a violation of (A)(2)(g) of this section to _ give a person under 21
ci arettes, other tobacco products, alternative nicotine products, or papers used to
roll cigarettes if the transfer is done in the course of the person under 21's
employment and the person under 21 is not the end consumer of the cigarettes,
other tobacco products, alternative nicotine products, or papers used to roll
cigarettes.
(-�C/j(a) Whoever violates division (A)(2)(a), (A)(2)(b), (A)(2)(d), (A)(2)(e),
or (A)(2)(f) or (A)(3) of this section is guilty of illegal distribution of cigarettes,
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other tobacco products, or alternative nicotine products. Except as otherwise
provided in this division, illegal distribution of 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 division (A)(2)(a), (A)(2)(b),
(A)(2)(d)f (A)(2)(e), or (A)(2)(f) or (A)(3) of this section or a substantially
equivalent state law or municipal ordinance, illegal distribution of cigarettes, other
tobacco products, or alternative nicotine products is a misdemeanor of the third
degree.
(b) Whoever violates division (A)(2)(c) of this section is guilty of permitting
children to use cigarettes, other tobacco products, or alternative nicotine products.
Except as otherwise provided in this division, permitting children 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
division (A)(2)(c) of this section or a substantially equivalent state law or municipal
ordinance, permitting children to use cigarettes, other tobacco products, or
alternative nicotine products is a misdemeanor of the third degree.
(c) Whoever violates division (A)(2)(g) of this Section is _ guilty of illegal
distribution of cigarettes, other tobacco products, or alternative nicotine products
to a person under 21. Except as otherwise provided in this division, illegal
distribution of cigarettes, other tobacco products, or alternative nicotine products
to a person under 21 shall be a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of division (A)(2)(c) or A)(2)(g) of this
Section or a substantially equivalent state law or municipal ordinance, illegal
distribution of cigarettes other tobacco products or alternative nicotine products
to a person under 21 is a misdemeanor of the third degree.
(d) It is the purpose of this section to impose organizational liability, per
Section 130.11 of the Codified Ordinances, for violation of division (A)(2)(g) of this
Section. Such liability shall apply to the corporation, limited liability company,,
partnership, sole proprietorship, or other entity or natural person acting as the
principal or employer to the agent or employee who actually sells, gives, or
otherwise distributes cigarettes, other tobacco products, alternative nicotine
products, or papers used to roll cigarettes to a person under 21. It shall be the
policv of the City of Dublin to prefer citation on the organization selling,
distributing, or otherwise _ giving cigarettes, other tobacco products, alternative
nicotine products, or papers used to roll cigarettes to a person under 21. Provided,
however, that this shall not preclude citation of an individual agent or employee for
violation of division (A)(2)( .
(-7)L8) Any cigarettes, other tobacco products, alternative nicotine 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 R.C. § 2151.87 are subject to seizure and
forfeiture as contraband under R.C. Chapter 2981.
(B) Transaction scan,
(1) As used in this division and division (C) of this section:
CARD HOLDER, Means any person who presents a driver's or commercial
driver's license or an identification card to a seller, or an agent or employee of a
seller, to purchase or receive cigarettes, other tobacco products, or alternative
nicotine products from a seller, agent, or employee.
IDENTIFICATION CARD, Beans an identification card issued under P.C.
§§ 4507.50 through 4507.52.
SELLER, Means a seller of cigarettes, other tobacco products, or alternative
nicotine products and includes any person whose gift of or other distribution of
cigarettes, other tobacco products, or alternative nicotine products is subject to the
prohibitions of division (A) of this section.
TRANSACTION SCAN. Means the process by which a seller or an agent or
employee of a seller checks, by means of a transaction scan device, the validity of
a driver's or commercial driver's license or an identification card that is presented
as a condition for purchasing or receiving cigarettes, other tobacco products, or
alternative nicotine products.
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Form No. 30043
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TRANSACTION SCAN DEVICE, Means any commercial device or
combination of devices used at a point of sale that is capable of deciphering in an
electronically readable format the information encoded on the magnetic strip or bar
code of a driver's or commercial driver's license or an identification card.
(2) (a) A seller or an agent or employee of a yeller may perform a
transaction scan by means of a transaction scan device to check the validity of a
driver's or commercial driver's license or identification card presented by a card
holder as a condition for selling, giving away, or otherwise distributing to the card
holder cigarette, other tobacco products, or alternative nicotine products.
(b) If the information deciphered by the transaction scan performed under
division (13)(2)(a) of this section fails to match the information printed on the
driver's or commercial driver's license or identification card presented by the card
holder, or if the transaction scan indicates that the information so printed is false or
fraudulent, neither the seller nor any agent or employee of the seller shall sell, give
away, or otherwise distribute any cigarettes, other tobacco product, or alternative
nicotine products to the card holder.
(c) Division (13)(2)(a) of this section does not preclude a seller or an agent
or employee of a seller from using a transaction scan device to check the validity of
a document other than a driver's or commercial driver's license or identification
card, if the document include a bar code or magnetic strip that may be scanned
by the device, as a condition for selling, giving away, or otherwise distributing
cigarettes, other tobacco products, or alternative nicotine products to the person
presenting the document.
(3) Rubs adopted by the Registrar of Motor Vehicles under R.C. § 4301.61(C)
apply to the use of transaction scan devices for purposes of this division (B) and
division (C) of this section.
(4) (a) No seller or agent or employee of a seller shill electronically or
mechanically record or maintain any information derived from a transaction scan,
except for the following:
1. The name and date of birth of the person listed on the driver's or
commercial driver'�� license or identification card presented by the card holder;
2. The expiration date and identification number of the driver's or
commercial driver's license or identification card presented by the card holder.
(b) No seller or agent or employee of a seller shall use the information that
is derived from a transaction scan or that is permitted to be recorded and
maintained under division (13)(4)(a) of this section, except for purposes of division
(C) of this section.
(c) No seller or agent or employee of a seller shall use a transaction scan
device for a purpose other than the purpose specified in division (C)(2)(a) of this
section.
(d) No seller or agent or employee of a seller shall sell or otherwise
disseminate the information derived from a transaction scan to any third party,
including but not limited to selling or otherwise disseminating that information for
any marketing, advertising, or promotional activities, but a seller or agent or
employe of a seller may release that information pursuant to a court order or as
specifically authorized by division (C) of this section or another section of this code
or the thio Revised Code.
(5) Nothing in this division (B) or division (C) of this section relieves a seller
or an agent or employee of a seller of any responsibility to comply with any other
applicable local, state or federal laws or rules governing the sale, giving sway, or
other distribution of cigarettes, other tobacco products, or alternative nicotine
products.
(6) Whoever violates division (13)(2)(b) or (13)(4) of this section is guilty of
engaging in an illegal tobacco product or alternative nicotine product transaction
scan, and the court may impose upon the offender a civil penalty of up to $1,000
for each violation. The Clerk of the court shall pay each collected civil penalty to
the County Treasurer for deposit into the County Treasury.
(C) Affirmative defenses.
(1) A seller or an agent or employee of a seller may not be found guilty of a
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charge of a violation of division (A) of this section in which the age of the
purchaser or other recipient of cigarettes, other tobacco products, or alternative
nicotine products is an element of the alleged violation, if the seller, agent, or
employee raises and proves as an affirmative defense that all of the following
occurred:
(a) A card holder attempting to purchase or receive cigarettes, other
tobacco products, or alternative nicotine products presented a driver's or
commercial driver's license or an identification card.
(b) A transaction scan of the driver's or commercial driver's license or
identification card that the card holder presented indicated that the license or card
was valid.
(c) The cigarettes, other tobacco products, or alternative nicotine products
were sold, given away, or otherwise distributed to the card holder in reasonable
reliance upon the identification presented and the completed transaction scan.
(2) In determining whether a seller or an agent or employee of a seller has
proven the affirmative defense provided by division (C)(1) of this section, the trier
of fact in the action for the alleged violation of division (A) of this section shall
consider any written policy that the seller has adopted and implemented and that is
intended to prevent violations of division (A) of this section. For purposes of
division (C)(1)(c) of this section, the trier of fact shall consider that reasonable
reliance upon the identification presented and the completed transaction scan may
require a seller or an agent or employee of a seller to exercise reasonable diligence
to determine, and that the use of a transaction scan device does not excuse a
seller or an agent or employee of a seller from exercising reasonable diligence to
determine, the following:
(a) Whether a person to whom the seller or agent or employee of a seller
sells, gives away, or otherwise distributes cigarettes, other tobacco products, or
alternative nicotine products is 4:8 21 years of age or older;
(b) Whether the description and picture appearing on the driver's or
commercial driver': license or identification card presented by a card holder is that
of the card holder.
(3) In any criminal action in which the affirmative defense provided by
division (C)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy
registrar who issued an identification card under R.C. §§ 4501.50 through 4507.52
shall be permitted to submit certified copies of the records of that issuance in lieu
of the testimony of the personnel of or contractors with the Bureau of Motor
Vehicles in the action.
(D) Shipm cn t of tobacco products.
(1) As used in this division (D):
AUTHORIZED RECIPIENT OF TOBACCO PRODUCTS means a person
who is:
.1. Licensed as a cigarette wholesale dealer under R.C. § 5743.15;
2. i-icensed as a retail dealer as long as the person purchases cigarettes
with the appropriate tax stamp affixed;
3. An export warehouse proprietor as defined in Section 5102 of the
Internal Revenue Code;
4. An operator of a customs bonded warehouse under 19 U.S.C. § 1311
or 19 U.S.C. § 1555;
5. An officer, employee, or agent of the federal government or of this
state acting in the person's official capacity;
6. A department, agency, instrumentality, or political subdivision of the
federal government or of this state;
7. A person having a consent for consumer shipment issued by the 1 -ax
Commissioner under R.C. § 5743.71.
MOTOR CARRIER, Has the same meaning as in R.C. § 4923.01.
(2) The purpose of this division (D) is to prevent the sale of cigarettes to
minors and to ensure compliance with the Master Settlement Agreement, as
defined in R.C. § 1346.01Land to prevent the sale of cigarettes, alternative nicotine
products, or other tobacco products to persons under 21.
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Dayton Legal Blank, Inc.
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Ordinance No.17 (Amended) Passed _ Page 7®f 11 , 20
(3) (a) No person shall cause to be shipped any cigarettes, alternative
nicotine products, or other tobacco products to any person in this municipality
other than an authorized recipient of tobacco products.
(b) No motor carrier or other person shall knowingly transport cigarettes
alternative nicotine products, or other tobacco products to any person in this
municipality that the carrier or other person reasonably believes is not an
authorized recipient of tobacco products. If cigarettes alternative nicotine
products, or other tobacco products are transported to a home or residence, it shall
be presumed that the motor carrier or other person knew that the person to whom
the cigarettes, alternative nicotine products, or other tobacco productC were
delivered was not an authorized recipient of tobacco products.
(4) No person engaged in the business of selling cigarettes+ alternative
nicotine products, or other tobacco products who ships or causes to be shipped
cigarettes alternative nicotine products, or other tobacco productE- to any person in
this municipality in any container or wrapping other than the original container or
wrapping of the cigarettes, alternative nicotine products, or other tobacco products
shall fail to plainly and visibly mark the exterior of the container or wrapping in
which the cigarettes alternative nicotine products, or other tobacco products are
shipped with the words "cigarettes;" or otherwise indicate that the container
contains cigarettes, alternative nicotine products, or other tobacco products.
(5) A court shall impose a fine of up to $1,000 for each violation of division
(D)(3)(a), (D)(3)(b) or (D)(4) of this section.
LEI License Required
LQ No person shall engage in the retail sale of tobacco products or alternative
nicotine products without a valid license issued pursuant to Sections 94.20 through
94.22 of the Codified Ordinances.
L2) Violation of this provision is a misdemeanor of the first degree.
Section 2. That Chapter 94, Health and Sanitation, shall be amended by adding
Sections 94.20 through 94.24, to read as follows:
94.20 DEFINITIONS.
As used in Sections 94.20 through 94.24:
(A) AL TERNA TIVE NICOTINE PRODUCT,
L11 Subject to division (2) of this definition, 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
The phrase does not include any of the following:
La Any cigarette or other tobacco product;
Lb Any _product that is a "drug" as that term is defined in 21 U.S.C. §
321(g)(1);
Lc) Any product that is a "device" as that term is defined in 21 U.S.C.
321 h •
Ld) Any product that is a "combination product" as described in 21 U.S.C.
353 .
�.CHILD (includes CHILP&EN I, Has the same meaning as in R.C. § 2151.011.
LCJ CIGARETTE, Includes clove cigarettes and hand -rolled cigarettes.
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.
LE) ELECTRONIC CIGARETTE.
L11 Subject to division 2. of this definition, 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, or electronic pine.
L21 The phrase does not include any item, product, or device described in
division 2. of the definition for 'alternative nicotine product" in this section.
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LF
LICENSING AGENT. Means the entity with which the City of Dublin has
contracted to administer license applications and enforcement of provisions
contained in Sections 94.21 through 94.23.
PERSON UNDER 21, Means a natural person who has reached the age of 18
years but has not yet reached the age of 21 years.
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.
§94,21 LICENSE REQUIRED
LAI No person shall engage in retail sales of tobacco products or alternative
nicotine devices within the City without a valid license issued by the City, or on
the City's behalf, to sell tobacco products or alternative nicotine devices.
LB
No licensee shall engage in retail sales of tobacco products or alternative
nicotine devices in violation of Section 135.17 of the Codified Ordinances or
any substantially equivalent provision of applicable law.
LQThe following items shall be required in applying for a license, or renewing a
license under this Section:
LQ A valid vendor's license from the Ohio Department of Taxation;
Q If the applicant engages in retail sale of cigarettes, a valid Retail Cigarette
Dealer's License as required by Chapter 5743 of the Ohio Revised Code
The location where the applicant proposes to engage in retail sales of
tobacco products or alternative nicotine devices.
� A nonrefundable license administration fee of $150.
L5
Such other information as determined, by the City Manager or the City's
licensing agent, to be necessary to administer the licensing system provided
herein and effectuate the purposes of Sections 94.20 through 94.24, and
Section 135.17.
A license granted under this Section shall be valid from June 1 of the year of
application to May 31 of the following_ year. A license issued to a new licensee
after January 1 shall be valid until May 31 of the following_ year.
LEI License administration fees, reinstatement fees, and civil penalties collected in
administering Sections 94.20 through 94.23 may be collected by the City or the
City's licensing agent, and shall be credited to the City's General Fund to defra�r
the costs of administration and enforcement of these sections; alternatively, the
City and its licensing agent may agree that the licensing agent will retain all or
a portion of the fees as compensation for its services as licensing agent.
LF) For purposes of this section, 'valid license. means a license issued under this
Section that has not expired, that is not within a period of suspension or
failure -to -reinstate status, and that has not been revoked.
§94,22 LICENSE REVOCATION, DENIAL, OR SUSPENSION
Application for a license required under Section 94.21 may be denied for any of
the following reasons:
Ll) The applicant has had a license under Section 94.21 revoked within the
previous three (3) years;
L21 The applicant is determined to have knowingly included false or misleading
information in the license application or renewal application.
The applicant's current license under Section 94.21 has been suspended,
and the period of suspension has not elapsed,.
L4) A property owned or operated by the applicant engaging in the retail sale of
cigarettes, tobacco products, or alternative nicotine products within the City
of Dublin is the subiect of a court order declaring such property to be a
public nuisance, where said nuisance has not been abated as determined by
the court, or where the court has ordered that retail sales of tobacco
products or alternative nicotine products shall cease pursuant to any
temporary restraining order, preliminary injunction, or permanent inunction
issued by the court;
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LQ The applicant is in arrears with respect to any fine imposed for violation of
Section 135.17, or any substantially equivalent offense, or for any civil
penalty levied under Section 94.23; or
LQ The applicant has failed to provide any of the items required under division
(C) of Section 94.21.
LB) For purposes of division (A) of this Section, 'applicant" shall include entities
with common ownership or management to the entity or natural person listed
on the application.
LCJ A license may be suspended for a definite period,, not to exceed six (6) months,
as determined by the City or its licensingacient. Prior to reinstatement of the
license following expiration of the suspension, the licensee shall remit a $150
license reinstatement fee. A license may be suspended for any of the following
reasons:
LQ Two violations of Section 135.17,, or any substantially equivalent offense by
the licensee or agent of the licensee within the previous twelve-month
period;
L2
Failure to appear at any court proceeding where the licensee or any agent
of the licensee has been charged with a violation of Section 135.17 or any
substantially equivalent offense. If the licensee's agent is the person
charged, the appearance of the agent shall be sufficient:
M A property owned or operated by the applicant engaging in the retail sale of
tobacco products or alternative nicotine products within the City of Dublin is
the subject of a court order declaring such property to be a public nuisance,
where said nuisance has not been abated as determined by the court or
where the court has ordered that retail sales of tobacco products or
alternative nicotine products shall cease pursuant to any temporary
restraining order or preliminary injunction issued by the court;
ffi The finding by a federal or state agency or court that the licensee has
violated a federal or state rule or regulation governing the retail sale of
tobacco products or alternative nicotine products; or
LQ The licensee is in arrears with respect to any fine imposed for violation of
Section 135.17, or any substantially equivalent offense, or for any civil
penalty levied under Section 94.23;
A license may be revoked for any of the following reasons:
L11 The licensee is determined to have knowingly included false or misleading
information in the license application or renewal application:
Q Three or more violations of Section 135.17, or any substantially equivalent
offense, by the licensee or agent of the licensee within the previous twelve-
month period;
M A period of suspension imposed under division (C)(5) of this Section has
elapsed, and the licensee remains in arrears of payment of such fine or
penalty; or
ffi The licensee has been subject to three or more suspensions in the previous
twenty -four-month period.
LE) For purposes of divisions (C) and (D)J. "licensee" shall include entities with
common ownership or management to the entity or natural person listed as the
license holder.
§94,23 ENFORCEMENT; APPEALS
LL (1) The City and its licensing agent shall have authority to implement and
enforce the provisions of Sections 94.20 through 94.23.
Inspections. The City or its licensing agent may conduct an inspection of a
business prior to issuing a license for the retail sale of tobacco products or
alternative nicotine products. The City or its licensing agent shall annually_
inspect each licensee, upon proper identification and upon stating the
purpose and necessity of an inspection. The City or its licensing agent may
enter at reasonable times upon any public or _private property, real or
personal, to inspect or investigate, and examine or copy records to
determine compliance with this Chapter. The City or its licensing agent may
RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 24-17 (Amended)
Form No. 30043
Passed Page 10 of 11 20
apply for, and any judge of a court of record may issue, an appropriate
search warrant necessary to achieve the purposes of this Chapter within the
court's territorial jurisdiction. If entry is refused or inspection or
investigation is refused, hindered, or thwarted, the City or its licensing
agent may suspend or revoke the license.
LB) For purposes of divisions (C)(1) and (D)(2) of Section 94.22:
U) "Violation," including violation of Section 135.17 or a substantially
equivalent offense, does not require that the person has been criminally
convicted of the violation of Section 135.17 or substantially equivalent
offense. The City or its licensing gent may determine that a violation has
occurred even if no criminal charge has been filed. Acquittal or dismissal of
a charge under Section 135.17, or any substantially equivalent offense,
shall not necessarily absolve a licensee; Sections 94.20 through 94.24 are
civil in nature, and so the City or its licensing agent may find a violation
based upon a preponderance of evidence, rather than proof beyond a
reasonable doubt, and are not otherwise required to observe rules of
criminal procedure, the exclusionary rule, or confrontation of witnesses;
L21 Sale of multiple items in violation of Section 135.17, or substantially
equivalent applicable law, where the sales occur in a single transaction,
shall constitute one violation. For example: sale of three packs of ci arettes
and a vial of liquid nicotine to a nineteen -year old in one transaction shall
constitute one violation. Sale of one pack of cigarettes to one nineteen -year
old, and one pack of cigarettes to the eighteen -year old next in line, in two
transactions, shall constitute two violations.
LC
In addition to the denial, suspension, or revocation of a license, the City or its
licensing agent may impose the following civil penalties for violations of
Sections 94.21 or 94.22, or of Section 135.17 or any substantially equivalent
offense:
L, For a first violation, $250.00;
L21 For second and additional violations within one year of the first violation)
$500.00.
When the City or its licensing agent determines to issue a civil penalty for a
violation, to deny a permit application, or to suspend or revoke a permit, the
City or licensing agent shall notify the violator, applicant, or licensee written
notice of said decision by U.S. mail, electronic mail, by posting in a conspicuous
place at the location, or other means reasonably calculated to promptly notify
the violator, applicant, or licensee of the determination.
LEI The City or its licensing agent shall not be required to conduct an evidentiary
hearing prior to issuing a determination provided for in division (D) of this
Section.
LF) The violator, applicant, or licensee may file a written notice of appeal with the
City or its licensing agent, whichever issued the determination, within fourteen
(14) days of the date of the determination provided pursuant to division (D) of
this Section. The determination shall take effect following the expiration of time
to file the notice of appeal provided herein.
If the City's licensing agent is Franklin County Public Health, the appeal
provided in division (F) of this Section shall be heard by the Board of Health, or
the City. The Board of Health may designate a hearing officer to hear and
decide the appeal on its behalf. If Franklin County Public Health is not the City's
licensing agent, the appeal shall be to Council. The Mayor may designate a
hearing officer to hear and decide the appeal on Council's behalf.
In any appeal hearing under this Section, the burden of proof by
preponderance of the evidence shall be upon the City or its licensing agent. The
hearing shall be recorded and exhibits marked to create a record for use in
further appeal provided, however, that transcripts need not be ordered unless a
notice of appeal to the court of common pleas or Franklin County Municipal
Court Environmental Division has been timely filed under Chapter 2506 of the
Ohio Revised Code.
RECORD OF ORDINANCES
Davton Legal Blank_ Inc.
Form No. 30043
Ordinance No. 24-17 (Amended) Passed Page 11 of 11 , 20
LI� The Board of Health or its Health Commissioner, Council, or a hearing officer
hearincl an appeal under this Section shall rule on all preliminary and
evidentiary matters, and in doing so shall not be strictly bound by the Rules of
Evidence, the Rules of Civil Procedure, or the Rules of Appellate Procedure. The
presiding officer of the Board of Health, the Health Commissioner, the Mayor,
or the hearing officer may establish time limits for the presentation of evidence,
determine any non -dispositive preliminary motion, and may continue any
hearing on the motion of a party or on its own motion.
Appeals from decisions under division (I) of this Section shall proceed according
to Chapter 2500 of the Ohio Revised Code.
§94,24 INJUNCTIVE RELIEF
tAlThe provisions of Sections 94.20 through 94.22, and of Section 135.17, are
health ordinances applicable to real property in the City of Dublin, and may be
enforced by civil action pursuant to Sections 1901.181 and 1901.183 of the
Ohio Revised Code.
LB) Violations of the provisions of Sections 94.20 through 94.22, and of Section
135.17, are hereby found to be public nuisances, and the Law Director may
bring a cause of action to abate such violations and enjoin their recurrence, and
for such other relief may be available at law or in equity.
Section 3. The City Manager is hereby authorized to contract with Franklin County
Public Health to act as its licensing agent provided in Section 2 of this Ordinance, such
contract to be in substantially the same form as that attached and labeled as Exhibit A.
Section 4. The provisions of this Ordinance are severable, and if any is found to be
invalid for any reason by a court of competent jurisdiction then the remainder shall
remain in full force and effect.
Section S. The Council finds that all deliberations and actions of the public body
relating to this Ordinance were taken in an open meeting in compliance with Section
121.22 of the Ohio Revised Code.
Section 6. This Ordinance shall take effect at the earliest date provided by law, except
that Sections 1 and 2 shall not take effect until March 1, 2018.
Section 7. No person shall be cited, be the subject of a violation determination, or
otherwise be penalized or prosecuted under C.O. §94.21(A) for conduct occurring
before May 1, 2018.
Pas d thisZ44"ay of 1 2017.
yor — Pre%ding Officer
ATTEST:
Clerk of Council
Or
MEMORANDUM
To: Members of Dublin City Council
CC: Daria L McDaniel, City Mana 1 6
From: Jennifer D Readier, Law Director
Thaddeus M Boggs
Date: November 16, 2.017
Re: Ordinance 24-17 (Amended) w emending the Dublin Codified Ordinances to Prohibit
the Sale or Other Distribution of Cigarettes, Other Tobacco Products, or Alternative
Nicotine Products to Persons Under 21 Years Old; to Require facensure for the sale
of 'Tobacco and Alternative Nicotine Products within the City of Dublin; and
Atithoriling the City Manager to Contract with Franklin County Public Health to Act
as the City's Licensing Agent for Licensing Tobacco and Alternative Nicotine
Product Retailers.
BACKGROUND
Ordinance 24-17, to prohibit the sale of tobacco to persons under the age of 2I in the City of
Dublin, was introduced and received its first reading at Council's April 24, 2017, meeting, At
earlier meetings, concerns were expressed from Council members regarding enforcement of the
proposed age restriction. Similar concerns were raised by Rob Cranc. M.D., of the Preventing
"Tobacco Addiction Foundation, who initially presented this issue to Council earlier in the year.
Council tabled Ordinance 24-17 at the second reading/public hearing on May 8, 2017 so that
staff could explore additional enforcement measures for the proposed ordinance,
Because the ordinance is primarily a public health measure, the participants in these discussions
(including the Chief of Police and Dr. Crane) have agreed that enforcement should focus on
health and licensure components rather than criminal punishment, The emphasis has also been oil
holding businesses accountable, rather than individual clerks, although the City reserves the right
to pursue liability against both, To explore effective enforcement options, the City Manager and
Law Director met with representatives of other suburban municipalities and representatives from
Franklin County Public Health (FCPLI) legal staff for the City and the attorney for 11CPFL ,toe
Durham, have inet multiple times to create a licensing and enforcement system,
SUMMARY OF REVISED ORDINANCE
The draft Ordinance presented to Council for this meeting is the product of the efforts made
since the Ordinance was tabled. In addition to the revision of age-of=sale to 21, and criminal
penalties, this revised Ordinance adds language creating a system of licensure for retail vendors
Frost Brown Tadd LLC
Memo re. Ordinance 24'|?(\mcodcd)
November 16,2017
Page 2uf]
of tobacco and alternative nicotine products. In a previous memorandum to Council when this
issue first arose, staff raised legal and practical concerns about ulicensing system. During the
course of discussions while the Ordinance was oil the table, these concerns have been addressed,
The scope ofthe licensing requirements in the revised Ordinance differs from the State's
cigarette -vendor licensing, strengthening the City's home -rule position. Additionally, F(,PI{has
n|fertdio88xunnethe administrative role for (he licensing system, While the licensing sy8|ccni3
a product of the City's code and its home-ruilc author
ity, it was drafted with the assumption that
the City would delegate administrative responsibility to FCPII.
"I'lle draft Ordinance details the application process, licensing fees. and enforcement for the
tobacco .and alternative nicotine product license. /\llcDn)pnncniUnoybodelegated bythe City 0o
o|lcco3|nQo�en|`\vh{uhiSproposed i0bc[[P]Junder the draft uAruccncn|attached tothe
Ordinance,
'File licensing provisions include civil enUoncocuuntremedies. with civil penalties ranging from
$1.5A.|o$500, and 8[uic ohrmn�liouJappeal process. Licenses n�8ybususpended or revoked for
ccr|uonvio|ed/onGofthe lovvSorconditions o[[iCunsurc,and the [avvDirector has oun)udy
through injunction to enforce the licensing require ments,
Ordinance 24-l7`8arevised and now presented |o Council, provides aplan for effective
enforcement ofa tobacco -21 law in the City. In addition to the ability to pursue criminal
enforcement, this licensing eniou:eUlCo1provisions provide a3trui�ht|�Urvvuo]
civil process that {y�irbut does not require orinnin��prosecution,
Staff has provided notices to all ofthe affected tobacco retailers in Dublin ofthis legislation and
the dates for Council consideration nf{}ojio8ouc74-l7.
The effective dates in the Ordinance are staggered so that the City and FCPI-I can enter contract
u|tbCeorlit3|nppohoniiy.Thcn.1hucodcpouvioi0nowi(hio|hcUrdinOncu,ifpuoycd,vvnu]d
become effective N'larch].20}Kbnallow time for F(9UNprepare for its administration n[the
licensing system and for businesses 1O become educated about the l8vv. Section 7nfihu
Ordinance delays penalty for sellino without a license until May 1, 10 18. so that potential
licensees have time to complete applications, and FCPH has time to review applications and
issue the licenses, a/lerthe Code provisions become effective March |.
CONCLUSION
In summary, Ordinance 24'|7(/\Onuodud) increases the age ufoulofor cigarettes, other tobacco
producix,and alternative nicotine products |'ruon 18iO2l;creates alicCDuingsystem for tobacco
and alternative flicotine product retailers� and authorizes the City Nianager to contract with
FCPH to act as the City's licensing agent.
Based oil the amendments proposed 0OOrdinance 24-)7subsequent &otabling oil May 8,701?`
staff recommends that Council schedule anadditional hearing and vote oil Ordinance 24-|7ua
amended uithe December 4,20]7Council meeting,
aAMzICIIIz WON zkV9011.14[44:I;MM11:
Pill E-Zerol z k I:L[el I
Between:
The Board of Health
of the Franklin County General Health District
280 East Broad Street
Columbus, Oh 43215
and
The City of Dublin, Ohio
5200 Emerald Parkway
Dublin, OH 43017
Contact us at: (614) 525-3160 / Fax (614) 525-6672
www.myfcph.org
4195477.1
CONTRACT
BETWEEN THE CITY OF DUBLIN, OHIO AND FRANKLIN COUNTY PUBLIC HEALTH
This contract is made and entered into by and between the City of
Dublin, Ohio, a municipal corporation constituting a city health district, and the
Board of Health of the Franklin County General Health District ("Franklin County
Public Health") pursuant to Ohio Revised Code Section 3709.281.
WITNESSETH
SECTION 1. Franklin County Public Health shall, for the consideration hereinafter
stated, furnish to the City of Dublin, Ohio, and inhabitants thereof, services as the
licensing agent, as defined in Dublin Codified Ordinance, Chapter 94, Health
and Sanitation, section 94.20(F).
The Law Director of Dublin, Ohio shall be responsible for any litigation involving
enforcement of the City Ordinance within the corporate limits of said political
subdivision.
This Agreement and any claims arising in anyway out of this Agreement shall be
governed by the laws of the State of Ohio. Any litigation arising out of or relating
in anyway to this Agreement or the performance hereunder shall be brought
only in an Ohio court of competent jurisdiction in Franklin County, Ohio, and the
City of Dublin hereby irrevocably consents to such jurisdiction.
SECTION 2. Said services shall be furnished beginning January 1, 2018 and
ending December 31, 2018 provided, however, that either party to this
agreement shall have the right to cancel the same upon four (4) months written
notice and the parties hereto may, by mutual written agreement, modify the
terms of this agreement. This Agreement shall automatically renew for successive
one (1) year terms unless notice of intent to terminate is delivered in accord with
this section.
SECTION 3. Franklin County Public Health shall issue licenses and collect fees for
the retail sales of tobacco products or alternative nicotine devices. The fee to be
charged shall be the most current fee adopted by the City of Dublin, Ohio. The
fee shall be collected by Franklin County Public Health and that shall be its sole
source of compensation for services rendered under this Agreement.
SECTION 4. This contract is approved by a majority of the members of the
legislative authority of the City of Dublin, pursuant to the provisions of Ordinance
dated
4195477.1
SECTION 5. The City of Dublin, Ohio has determined that Franklin County Public
Health is organized and equipped to adequately provide the service that is the
subject of this contract.
IN WITNESS WHEREOF, the parties to this agreement have hereunto set
their hands and seals and have executed this agreement the day and year
written below.
FRANKLIN COUNTY PUBLIC HEALTH
Joe Mazzola, MPA Date
Health Commissioner
THE CITY OF DUBLIN, OHIO
Dana McDaniel, City Manager Date
APPROVED AS TO FORM:
Ron O'Brien
Prosecuting Attorney
Franklin County, Ohio
Assistant Prosecuting Attorney Date
Attorney for the District Advisory
Council of the Franklin County General Health District
Jennifer D. Readler
Law Director
City of Dublin, Ohio
4195477.1
Date
FINANCIAL CERTIFICATE
It is hereby certified that the amount required to meet the contract
agreement, obligation, payment of expenditure for the above has been lawfully
appropriated, authorized or directed for such purpose and is in the treasury or in
the process of collection to the credit of the proper fund and is free from any
obligation or certificated now outstanding.
Angel L. Mumma
Finance Director
City of Dublin, Ohio
0127206.0607929 4830-9399-6115v2
4195477.1
DATE
FULL TESTIMONY SUBMITTED TO DUBLIN CITY COUNCIL
Ordinance 24-17 (Amended)
December 4, 2017
Good evening, Mayor Peterson, Vice Mayor Reiner and Council Members. I am Dr.
Aaron Trask, a faculty Principal Investigator for the Center for Cardiovascular
Research at Nationwide Children's Hospital, a member of the American Heart
Association's Central Ohio Young Professional's Board, and a fellow of the American
Heart Association. I apologize for being unable to attend tonight's meeting, but I
appreciate the opportunity to address the Dublin City Council in this letter.
I write to you to urge you to adopt the local ordinance that raises the legal minimum
age for sale of all tobacco and nicotine products to age 21 in Dublin. Tobacco use
continues to be a significant public health concern and a leading cause of preventable
death in the U.S. The sad reality is that tobacco use is currently projected to claim the
lives of 5.6 million youth in our nation, according to the U.S. Surgeon General. Though
we have made some great strides, over 15% of Ohio high school students still report
smoking, compared to 11% nationally. Additionally, over 7,000 children in Ohio
under the age of 18 become new daily smokers each year. Because of the addictive
nature of nicotine, experimentation or initiation of tobacco use among youth and
young adults is particularly troubling. This is a critical period for growth and
development, one during which the brain maybe especially susceptible and sensitive
to the effects of nicotine.
Tobacco use has deadly consequences for our youth. Early signs of heart disease and
stroke are found in young people who smoke. Out of every 3 young smokers, one will
eventually die of a smoking-related illness or disease. Furthermore, on average,
smokers die more than 10 years earlier than nonsmokers.
Increasing the age of tobacco sales helps delay smoking initiation among youth. This
leads to lower smoking prevalence rates, saving millions of dollars in healthcare costs
as well as significantly increasing not just the length, but the quality of life, across
populations. Butte be successful, youth access laws mustbe rigorously enforced. The
most effective way to ensure compliance is to take enforcement into account in
drafting an ordinance, rather than considering it only after a proposal has been
adopted.
In closing, I would like to thank you for the opportunity to address you and urge you
to vote in favor of your Tobacco 21 ordinance with enforcement measures.
Sincerely,
Mt
Aaron J. Trask, PhD, FAHA
Principal Investigator I Center for Cardiovascular Research
The Research Institute at Nationwide Children's Hospital
Assistant Professor I Departments of Pediatrics (Primary) & Physiology and Cell
Biology (Adjunct)
The Ohio State University College of Medicine
700 Children's Drive, WB413S
Columbus, OH 43205
Phone: 614.355.5760
Fax: 614.355.5725
Email: aaron.traskOnationwidechildrens.org
www.nationwidechildrens.orQ/aaron-i-trask