3-49-020  Definitions.
   Whenever any of the following words, terms, or phrases are used in this chapter, they shall have the following meanings:
   “Cigar” means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette as defined in this chapter), and includes cheroots and stogies.
   “Cigarette” has the meaning ascribed to that term in Section 3-42-010 of this Code.
   “Cigarette wholesale tobacco dealer” means any person who engages in the business of selling or supplying cigarettes and/or OTP to any person for resale in the City.
   “Cigarette wholesale tobacco manufacturer” means any person who makes or fabricates cigarettes and/or OTP and sells them.
   “Commissioner” means the commissioner of business affairs and consumer protection.
   “Comptroller” means the comptroller of the City.
   “Consume tobacco” means chew, smoke, absorb, dissolve, inhale, snort, sniff, or ingest tobacco by any means.
   “Consumer” means a person who purchases OTP from a wholesale tobacco dealer or retail tobacco dealer for use or consumption and not for resale purposes.
   “Department” means the department of finance of the City.
   “Large cigar” means any cigar weighing at least four pounds per one thousand units.
   “Little cigar” means any cigar weighing less than four pounds per one thousand units.
   “Manufacturer” means any person, other than a retail tobacco manufacturer, who makes or fabricates cigarettes and/or OTP and sells them.
   “Other Tobacco Products” (“OTP”) means cigars, pipe tobacco, smokeless tobacco, and smoking tobacco. For purposes of this chapter, the term “Other Tobacco Products” does not include cigarettes, or electronic cigarettes and liquid nicotine products, as defined in Chapter 3-47 of this Code.
   “Package” means the original packet, box, tin, or other container used to contain and to convey OTP to the consumer.
   “Pipe tobacco” means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a traditional pipe. For the purposes of this article, the term “pipe tobacco” shall not include tobacco typically used in a water pipe, such as a hookah.
   “Purchaser” means a buyer of OTP, including, but not limited to, retail tobacco dealers, retail tobacco manufacturers, and consumers.
   “Retail tobacco dealer” means any person who engages in the business of selling tobacco products in the City to a purchaser for use or consumption and not for resale in any form.
   “Retail tobacco manufacturer” means any person who engages in the business of manufacturing cigarettes and/or OTP in the City for sale to a purchaser for use or consumption, and not for resale in any form.
   “Sale”, “resale”, or “selling” means any transfer of ownership or possession, or both, or exchange or barter, conditional or otherwise, in any manner and by any means whatsoever for a valuable consideration.
   “Smokeless tobacco” means any kind and form of tobacco product not intended to be smoked, including snuff, snuff flour, snus, and chewing tobacco.
   “Smoking tobacco” means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars, or for use as wrappers thereof, or for use in a water pipe such as a hookah. For the purposes of this article, the term “smoking tobacco” shall not include pipe tobacco, as that term is defined in this section.
   “Use” means any exercise of right or power, actual or constructive, including, but not limited to, the receipt, storage, or any keeping or retention for any length of time, but not including possession for sale by a retail or wholesale tobacco dealer as defined in this chapter.
   “Wholesale tobacco dealer” means any person who engages in the business of selling or supplying cigarettes and/or OTP to any person for resale in the City.
(Added Coun. J. 3-16-16, p. 19381, § 2)