As used in this chapter:
(a) "Arm's length transaction" means 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.
(b) "Compliance checks" mean the system the city uses to investigate and ensure that those authorized to sell tobacco products are following and complying with the requirements of this chapter. Compliance checks involve the use of persons over the age of eighteen, but under the age of twenty-one who purchase or attempt to purchase tobacco products. “Compliance checks” may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
(c) "Delivery sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the- counter sales transaction in a licensed retail establishment. “Delivery sale”includes but is not limited to the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. “Delivery sale” includes delivery by licensees or third parties by any means, including curbside pick-up.
(d) "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. “Electronic smoking device” includes any component, part, or accessory of the device, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine. “Electronic smoking device” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(e) "Flavored tobacco product" means any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice.
(f) "Moveable place of business" means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions.
(g) "Person" means any natural person.
(h) "Purchaser" means any person who obtains or attempts to obtain a tobacco product.
(i) "Sale" includes transfer or delivery of goods for money, trade, barter, gift, or other consideration.
(j) "Self-service display" means any display from which customers may select a tobacco product without assistance from the tobacco retailer or the tobacco retailer's agent or employee and without a direct person-to-person transfer between the purchaser and the tobacco retailer or tobacco retailer's agent or employee.
(k) "Tobacco product"
(1) Means:
A. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
B. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
C. Any component, part, or accessory of A. or B. above, whether or not any of these contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and pipes.
(2) “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(l) "Tobacco retail establishment" means any place of business where tobacco products are available for sale to the general public. The term includes but is not limited to grocery stores, tobacco product shops, kiosks, convenience stores, gasoline service stations, bars, and restaurants.
(m) "Tobacco retailer" means any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation who owns, operates, or manages any tobacco retail establishment. “Tobacco retailer” does not mean the nonmanagement employees of any tobacco retail establishment.
(n) "Youth-oriented facility" means any facility with residents, customers, visitors, or inhabitants of which twenty-five percent or more are regularly under the age of twenty-one or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of twenty-one. “Youth-oriented facility” includes, but is not limited to, a licensed care facility or preschool, day care centers, public or private schools, playgrounds, a library open to the public, recreation centers, and parks.
(Ord. 48-22. Passed 3-7-23.)