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For the purpose of this Subchapter certain terms used herein are defined as follows:
CIGARETTE. Any roll for smoking, made wholly or a part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredients where such roll has a wrapper or cover made of any other material except where such wrapper is wholly or in the greater part made of tobacco and such roll weighs over three pounds per thousand.
RETAILER. Any domestic or foreign corporation, association, syndicate, joint venture, joint stock company, partnership of any kind, club, Massachusetts business or common law trust, society, or individual who sells cigarettes for any purpose other than resale. Where cigarettes are offered for sale through the means of a vending machine, the person holding title to the cigarettes in the machine shall be deemed the retailer.
USE or CONSUMPTION. The exercise of any right or power over cigarettes incident to the ownership thereof other than the sale of the cigarettes or the keeping or retention thereof for the purpose of sale.
('65 Code, § 33A-1) (Ord. No. CS-520 § 2)