Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 CFR § 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in 16 CFR § 1700.20.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products are following and complying with the requirements of this subchapter. Compliance checks shall involve the use of minors as authorized by this subchapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products.
ELECTRONIC DELIVERY DEVICES. Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. ELECTRONIC DELIVERY DEVICES include any component part of a product, whether marketed or sold separately. ELECTRONIC DELIVERY DEVICES does not include any product that has been approved or certified 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 marketed and sold for such an approved purpose.
INDIVIDUALLY PACKAGED. The practice of selling any product wrapped individually for sale. Individually wrapped products shall include, but not be limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered INDIVIDUALLY PACKAGED.
LOOSIES. A single or individually packaged cigarette or cigar, or any other tobacco product that has been removed from its packaging and sold individually. The term LOOSIES does not include individual cigars with a retail price before any sales tax of more than $2.60 per cigar.
MINOR. Any natural person who has not yet reached the age of 21 years as stated in Federal Law H.R. 1865 Further Consolidated Appropriations Act of 2020.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle, kiosk or other transportable shelter, and not a fixed address store front or other.
NICOTINE OR LOBELIA DELIVERY PRODUCTS. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, not including any product that has been approved or otherwise certified 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.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products are available for sale to the general public. The term includes, but is not limited to, grocery stores, convenience stores, restaurants, and drug stores.
SALE. Any transfer of good for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco related devices, electronic delivery devices, and nicotine or lobelia delivery products in any manner where any person shall have access to the tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco related device, electronic delivery device, or nicotine or lobelia delivery product between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
TOBACCO OR TOBACCO PRODUCTS. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO excludes any tobacco 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 such an approved purpose.
TOBACCO RELATED DEVICES. Any pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products. TOBACCO RELATED DEVICES include components of tobacco related devices which may be marketed or sold separately.
VENDING MACHINE. Any mechanical, electrical, or electronic, or other type of device which dispenses tobacco, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery products upon the insertion of money, tokens, or other forms of payment directly into the machine by the person seeking to purchase the tobacco, tobacco related device, electronic delivery device, or nicotine or lobelia delivery product.
(Ord. 2020-01, passed 2-18-2020)