For purposes of this Article, the following definitions shall
apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. "Alternative nicotine product" does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter
V of the Food, Drug and Cosmetic Act.
CENTER OF YOUTH ACTIVITIES
Any playground, school or other facility, when such facility
is being used primarily by persons under the age of eighteen (18)
for recreational, educational or other purposes.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
MINOR
A person under the age of eighteen (18).
PROOF OF AGE
A driver's license or other generally accepted means of identification
that contains a picture of the individual and appears on its face
to be valid.
ROLLING PAPERS
Paper designed, manufactured, marketed or sold for use primarily
as a wrapping or enclosure for tobacco which enables a person to roll
loose tobacco into a smokeable cigarette.
SAMPLE
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
TOBACCO PRODUCTS
Any substance containing tobacco leaf including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco, but does not include alternative nicotine products
or vapor products.
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. "Vapor product" does not include any
alternative nicotine product or tobacco product.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
No person shall sell cigarettes, tobacco products, alternative
nicotine products or vapor products unless the person has a retail
sales tax license.
[R.O. 2008 §240.160; Ord. No. 553 §§1 — 4, 5-14-2007]
A. Smoking Prohibited. Except as provided in this Section,
the possession of lighted smoking materials in any form, including,
but not limited to, the possession of lighted cigarettes, cigars,
pipes or other tobacco products, is unlawful within any building,
vehicle or other enclosed facility or machinery owned by the City
of Ironton.
B. Designation Of Smoking Areas. The Board of Aldermen shall have the right to designate a limited smoking area within any prohibited location specified in Subsection
(A), having first taken into account existing physical barriers and functioning ventilation systems to minimize the irritating and toxic effects of smoke in adjacent non-smoking areas.
C. Posting Of Smoking Prohibition. The Mayor shall,
to the extent possible, ensure that all locations where smoking is
prohibited by this Section are conspicuously identified with "NO SMOKING"
signs, which signs shall include letters of not less than one (1)
inch in height or the international "NO SMOKING" symbol consisting
of a pictorial representation of a burning cigarette enclosed in a
circle with a bar across it.
D. Penalties. Any person violating or refusing to comply
with any provision of this Section shall be guilty of an infraction
and shall be subject to a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00). Each incident shall
constitute a separate offense. City employees violating this Section
shall be subject to disciplinary proceedings as well as civil penalties.