For purposes of this article, the following words and terms shall be defined as follows:
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.
CIGAR LOUNGE: A retail or wholesale tobacco shop that: a) contains an enclosed area in or attached to the retail or wholesale tobacco shop that is dedicated to the use of cigars and pipes, b) does not sell cigarettes, e-cigarettes, vaping products or flavored tobacco products, and c) only permits patrons who are twenty one (21) years of age or older to enter the premises.
ELECTRONIC CIGARETTE: An electronic and/or battery operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor.
FLAVORED TOBACCO PRODUCT: Any tobacco product that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacture of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
PERMITTEE: Any proprietor holding a permit issued by the City pursuant to this article.
PERSON: Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
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 ten percent (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 can or does share ultimate control over the day to day operations of a business.
TOBACCO AND ELECTRONIC CIGARETTE PARAPHERNALIA: Includes cigarette papers or wrappers, pipes, electronic cigarettes and their component parts, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco or products prepared from tobacco.
TOBACCO AND ELECTRONIC CIGARETTE RETAILER (Sometimes Referred To As RETAILER): Any person or business that operates a store, stand, booth, concession or other place at which the person or business sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco and electronic cigarette paraphernalia.
TOBACCO AND ELECTRONIC CIGARETTE RETAILER PERMIT: A permit issued by the City authorizing a proprietor to engage in tobacco and electronic cigarette retailing.
TOBACCO AND ELECTRONIC CIGARETTE RETAILING: The selling, offering for sale or exchanging or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco or electronic cigarette paraphernalia products.
TOBACCO PRODUCT: Includes: a) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including, but not limited to, cigarettes, cigars, cigarillo, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco; and b) any electronic cigarette. "Tobacco product" does not include a drug, device, or combination product authorized for sale by the United States Food and Drug Administration as a tobacco use cessation product. (Ord. 14-O-2657, eff. 6-1-2014; amd. Ord. 18-O-2758, eff. 9-21-2018; Ord. 19-O-2783, eff. 7-5-2019)