As used in this regulation:
(a) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(b) "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.
(c) "License" means a license issued by the Ashtabula City Board of Health for retail sale of tobacco products.
(d) "Licensee" means the holder of a valid license for the retail sale of tobacco products.
(e) "Public place" means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the City, and any school district, or any park district.
(f) "Retailer" means a person or entity that offers or sells tobacco products or accessories to consumers.
(g) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental and access is restricted to eighteen (18) years of age and older, unless accompanied by a parent or legal guardian.
(h) "Self-service displays" means open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.
(i) "Tobacco product" means product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, an electronic smoking device, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine.
(j) "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of currency, trade checks, or slugs.
(k) "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until after it is purchased.
(l) "Sales transaction" is a sale or purchase of tobacco products per instance regardless of quantity.
(m) "Two year period" refers to the two years immediately prior to the date of the violation.
(n) "Vapor product" means a product, other than a cigarette or other tobacco product as defined in Chapter 5743 of the Revised Code, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting, or sniffing. "Vapor product" includes any component, part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery, or electronic circuit and is used to deliver the product. "Vapor product" includes any product containing nicotine regardless of concentration.
(o) "Vending machine" has the same meaning as "coin machine" in section 2913.01 of the Revised Code.
(Ord. 2019-125. Passed 11-4-19.)