Automatic Refreshment Service, Inc. v. City of Cincinnati

Marianna Brown Bettman, Judge.

This case asks this court to determine whether the city of Cincinnati ordinance which enacted Chapter 849 of the Cincinnati Municipal Code (“Chapter 849”) to prohibit the vending-machine distribution of tobacco products (“vending of tobacco products”) in public places and to place strict limits on the vending of tobacco products in certain liquor-permit premises is in conflict with R.C. 2927.02 (“the state law”), which covers the illegal distribution of cigarettes and other tobacco products throughout the state. For the reasons which follow we find that Chapter…