As used in this Chapter 4-64, unless the context clearly indicates that another meaning is intended:
"Bidi cigarette" means a product that: (1) contains tobacco that is wrapped in temburni or tendu leaf, or is wrapped in any other material, identified in rules duly promulgated by the Commissioner of Health, that is similar in appearance or other characteristics to the temburni or tendu leaf; and (2) does not contain a smoke filtering device.
"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 section), and includes cheroots and stogies.
"Cigarette" has the meaning ascribed to that term in Section 3-42-010.
"Cigarette vending machine" means any mechanical device used for retail sales of tobacco products, the operation of which is governed or controlled by use of currency, a coin, a token, or a credit or debit card.
"Commissioner" means the Commissioner of Business Affairs and Consumer Protection or the Commissioner's designee.
"Covered business activity" has the meaning ascribed to that term in Section 4-64-200(a)(1).
"Department" means the Department of Business Affairs and Consumer Protection.
"Department of Public Health" means the Department of Public Health of the City of Chicago.
"Electronic cigarette(s)" shall have the meaning ascribed to that term in Section 7-32-010.
"Electronic cigarette accessories" means any cartridges, cartomizers, clearomizers, tips, atomizers, electronic smoking device batteries, electronic cigarette chargers, and any other item specifically designed for the preparation, charging, or use of electronic cigarettes.
"Flavored liquid nicotine product" means any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, imparted either prior to or during consumption of a liquid nicotine product, including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice, but shall not include the taste or aroma of tobacco. No liquid nicotine product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a liquid nicotine product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a liquid nicotine product has or produces a characterizing flavor shall establish that the liquid nicotine product is a flavored liquid nicotine product.
"Flavored tobacco product" means any tobacco product, other than a liquid nicotine product, that contains a constituent that imparts a characterizing flavor. As used in this definition, the term "characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a tobacco product has or produces a characterizing flavor shall establish that the tobacco product is a flavored tobacco product.
"Large cigar" means any cigar weighing at least four pounds per one thousand units.
"Liquid nicotine product" means: (1) any electronic cigarette (i) containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine, or (ii) packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; or (2) any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution (i) contains nicotine and (ii) is intended to be utilized in an electronic cigarette. The term "liquid nicotine product" does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq.
"Little cigar" means any cigar weighing less than four pounds per one thousand units.
"Other tobacco product(s)" means any tobacco product other than cigarettes, as those terms are defined in this section.
"Package" means the original packet, box, tin, or other container used to contain and convey cigarettes or other tobacco products to the consumer.
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a unit, excepting the United States of America, the State of Illinois, and any political subdivision thereof.
"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 Article VIII of this Chapter, the term "pipe tobacco" shall not include tobacco typically used in a water pipe, such as a hookah.
"Price reduction instrument" means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.
"Price floor" means the minimum price including all applicable taxes for which a tobacco product or package of tobacco products may be sold by a retail tobacco dealer.
"Retail tobacco dealer" means any person selling, offering for sale, exposing for sale or keeping with the intention of selling or exchanging at retail, tobacco products, electronic cigarette accessories, or tobacco accessories in the City.
"Retail vape store" means a retail establishment that derives more than 20 percent of its gross revenue from the sale, in any combination, of electronic cigarettes, liquid nicotine products, or electronic cigarette accessories.
"Self-service display" means the open display or storage of tobacco products in a manner that is physically accessible in any way to a member of the general public without a direct person-to-person transfer involving a retail tobacco dealer or his agent. A vending machine is a form of self-service display.
"Smokeless tobacco" means any kind and form of tobacco product that is not intended to be smoked including snuff, 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 Article VIII of this Chapter, the term "smoking tobacco" shall not include pipe tobacco, as that term is defined in this section.
"Substantial ownership or controlling interest" has the meaning ascribed to that term in subsection (b) of Section 4-4-289.
"Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
"Tobacco product" means any electronic cigarette as defined herein or component or part thereof or any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from tobacco or any other source, which product is intended to enable human consumption of the tobacco or nicotine, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For purposes of this Chapter 4-64, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
"Tobacco product sample" or "tobacco product sampling" means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
"Tobacco product sampling" means the distribution of tobacco product samples to members of the general public.
"Wholesale tobacco dealer" means any person making, manufacturing or jobbing cigars within the City, or selling, offering for sale, exposing for sale, or keeping with the intention of selling or exchanging or delivering at wholesale, within the City or to any retailer located within the City, any tobacco, snuff, cigars, cigarettes or cigarette papers, including leaf tobacco or any preparations containing tobacco.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 2; Amend Coun. J. 9-9-20, p. 20071, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. X, § 2; Amend Coun. J. 1-18-23, p. 59711, § 1)