As used in this Chapter, the following definitions apply:
(a) “Minor” shall mean an individual who is less than eighteen years of age.
(b) “Person” shall mean an individual corporation or limited liability company who, aids or abets, permits or allows, a person to sell or furnish, a tobacco product in any form to a person under eighteen years of age.
(c) “Person who sells tobacco products at retail” means a person whose ordinary course of business consists in whole or in part the retail sale of tobacco products subject to state sales tax or who is otherwise subject to United States Food and Drug Administration rules, prohibiting the sale of tobacco products to a person under the age of eighteen years.
(d) “Possession of a tobacco product” shall mean either actually physically controlling a tobacco product without necessarily owning such product, or having the right to control the tobacco product even though it is in a different room or place than where the person is physically located.
(e) “Public place” shall mean public street, sidewalk, or park or any area open to the general public, in a public owned or operated building or premises, or in a private business opened to the public for business.
(f) “Tobacco products” shall mean a product that contains tobacco, is derived from tobacco, or contains a synthetically produced nicotine and is intended for human consumption. “Tobacco products” does not include any cessation products specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependents. “Tobacco products” shall further mean and include any electronic smoking device or other mechanical means, whether electronic, or battery operated, or otherwise, used to resemble the smoking of a tobacco product which delivers an inhaled dose of nicotine, or other substances, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or any other product, name or decipher. Such device does not include any products specifically approved by the United States Food and Drug Administration for use in the mitigation treatment or prevention of disease.
(g) “Use of a tobacco product” shall mean to smoke, chew, suck, inhale, or otherwise introduce within a person's body or consume a tobacco product.
(Ord. 434. Passed 5-30-17.)