For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means. ALTERNATIVE NICOTINE PRODUCT does not include: cigarettes as defined in § 1 of the Cigarette Tax Act, being 35 ILCS 130/1, and tobacco products as defined in § 10-5 of the Tobacco Products Tax Act of 1995, being 35 ILCS 143/10-5; tobacco product and electronic cigarette as defined in the section; or any product approved by the United States Food and Drug Administration for the sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes and is being marketed and sold solely for that approved purpose.
BIDI CIGARETTE. A product that contains tobacco that is wrapped in temburni or tendu leaf or that is wrapped in any other material identified by rules of the Department of Public Health that is similar in appearance or characteristics to the temburni or tendu leaf.
ELECTRONIC CIGARETTE.
(1) Means:
(a) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
(b) Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or
(c) Any solution or substance, whether or not it contains nicotine intended for use in the device.
(2) ELECTRONIC CIGARETTE includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen or similar product or device, and any components or parts that can be used to build the product or device. ELECTRONIC CIGARETTE does not include: cigarettes as defined in § 1 of the Cigarette Tax Act, being 35 ILCS 130/1, and tobacco products as defined in § 10-5 of the Tobacco Products Tax Act of 1995, being 35 ILCS 143/10-5; tobacco product and alternative nicotine product as defined in this definition; any product 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 that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act, being 410 ILCS 130/1 et seq.
SMOKING HERBS. All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.
SMOKELESS TOBACCO. Any tobacco products that are suitable for dipping or chewing.
TOBACCO ACCESSORIES. Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items, designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is made unlawful under this chapter.
TOBACCO PRODUCT. Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. TOBACCO PRODUCT includes any component, part or accessory of a tobacco product, whether or not sold separately. TOBACCO PRODUCT does not include: an electronic cigarette and alternative nicotine product as defined in this definition; or any 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 that approved purpose.
(Prior Code, § 112.01) (Ord. 08-016, passed 6-10-2008; Ord. 2020-008, passed 2-25-2020)