761.01 DEFINITIONS.

    (a)    As used in this Chapter:

      (1)    "Cigarettes" include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheets or any similar materials.

       (2)   "Tobacco products" include the proceeds, yield or final form of anything made up wholly or in part of the genus of the plant known as "Nicotiana". Such products include but are not limited to cigars, pipe tobacco, chewing tobacco or snuff.

      (3)    "Sale" includes delivery, barter, exchange, transfer or gift, or offer thereof and each transaction made by any person, whether as principal, proprietor, agent, servant or employee.

       (4)   "Possess" or "possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

       (5)   "Smoke" means to burn any substance containing tobacco, including a lighted cigarette, cigar, pipe or other device used to burn tobacco, or to burn a clove cigarette.

       (6)   "Use tobacco" means to chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco.

       (7)   "Vending machine" or "coin machine" has the same meaning as defined in Section 642.01.

         (Ord. 1997-101. Passed 6-16-97.)