The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:
ARM'S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction.
CIGAR. Any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
CIGARETTE.
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
(2) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
CHARACTERIZING FLAVOR. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CONSUMER. A person who purchases a tobacco product or tobacco paraphernalia for consumption and not for sale to another.
COUPON. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
DEPARTMENT. The city's Finance Department and any agency or person designated by the Department to enforce or administer the provisions of this chapter.
DIRECTOR. The city's Finance Director or designee.
DRUG PARAPHERNALIA. Shall have the meaning set forth in Cal. Health and Safety Code §§ 11014.5, 11364.5, and 11364.7 as those sections may be amended from time to time.
ELECTRONIC CIGARETTE. Shall have the same meaning as set forth in Cal. Revenue and Tax Code § 30121, as may be amended from time to time.
ELECTRONIC DEVICE. An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
FLAVORED TOBACCO PRODUCT. Any tobacco product that imparts a characterizing flavor.
FULL RETAIL PRICE. The price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
LABELING. Written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
LITTLE CIGAR. Any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. LITTLE CIGAR includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
MANUFACTURER. Any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
PACKAGE or PACKAGING. A pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
SALE or SELL. Any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
SELF-SERVICE DISPLAY. The open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
TOBACCO PARAPHERNALIA. Any item designed or marketed for the consumption, use, or preparation of tobacco products.
TOBACCO PRODUCT.
(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
(2) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.
(3) Notwithstanding any provision of divisions (1) and (2) to the contrary, TOBACCO PRODUCT includes any component, part, or accessory intended or reasonably expected to be used with a TOBACCO PRODUCT, whether or not sold separately. TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
TOBACCO RETAILER. Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. TOBACCO RETAILING shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
YOUTH DECOY. A person under the age of 18, but not younger than 15, who is supervised by the Police Department or Code Enforcement Division to conduct random onsite sting investigations against a tobacco retailer to determine compliance with tobacco retailing laws.
(Ord. 4786, passed 5-10-21)