Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this chapter. Compliance checks shall involve the use of underage persons, as authorized by this chapter, whereby the authorized underage person attempts to purchase tobacco, tobacco products, or tobacco related devices for the purpose of enforcement of this chapter, as well as educational, research and training purposes as authorized by state and federal laws.
ELECTRONIC DELIVERY DEVICE. Any product, including any component part of a product whether marketed or sold together or separately, containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol or vapor from the product. Electronic delivery devices include, but are not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. The term ELECTRONIC DELIVERY DEVICE excludes any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose.
HEARING OFFICER. The Community Development Director or his/her designee.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged.
LOOSIES. The common term used to refer to a single or individually packaged cigarette.
MOVEABLE PLACE OF BUSINESS. Any form of business operated by which sales are made by U.S. mail or other courier service or online (internet) services or out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
NICOTINE AND LOBELIA DELIVERY PRODUCT. Any product containing or delivering nicotine or lobelia, whether natural or synthetic, intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
SALE or SELL. Any transfer of goods for money, trade, barter, or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for tobacco, tobacco product, or tobacco related device is between the customer and the licensee or employee. For purposes of this definition, self-service merchandising does not include vending machines.
TOBACCO or TOBACCO PRODUCTS. Any substance, item, or product containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps; clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. The term TOBACCO or TOBACCO PRODUCTS excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose.
TOBACCO RELATED DEVICES. Any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter.
UNDERAGE PERSON. Any person under the age of 21 years.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco product or tobacco related device.
(Ord. 657, passed 6-10-99; Am. Ord. 903, passed 9-23-10; Am. Ord. 974, passed 7-10-14; Am. Ord. 1077, passed 8-13-20)