For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARACTERIZING FLAVOR. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CONSUMER. A Person who purchases a Tobacco Product for consumption and not for Sale to another.
DEPARTMENT. The Finance Department of the City of Culver City.
ELECTRONIC SMOKING DEVICE. An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
ELECTRONIC SMOKING DEVICE PARAPHERNALIA. Cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device chargers, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices.
FLAVORED TOBACCO PRODUCT. Any Tobacco Product that imparts a Characterizing Flavor.
HOOKAH. A device used to smoke Hookah Tobacco or other substances such as Flavored Tobacco Products, which typically has a head, a metal body, a water bowl, and a flexible hose with a mouthpiece that people put into their mouths to inhale tobacco smoke.
HOOKAH LOUNGE. An establishment holding a valid Tobacco Retailer License that: (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of Hookah Tobacco for consumption by customers on the premises; (ii) generates more than 70% of its gross revenues annually from the sale of Hookah Tobacco and the rental of on-site Hookahs, not including any sales from vending machines; (iii) does not sell food or beverages for consumption on the premises; and (iv) prohibits entry to a person that does not meet the minimum age requirement under state law to purchase and possess tobacco, Tobacco Product or Tobacco Paraphernalia.
HOOKAH TOBACCO. A type of combustible tobacco that is smoked with a Hookah, including waterpipe tobacco, maassel, shisha, narghile, and argileh.
LABELING. Written, printed, or graphic matter upon any Tobacco Product or any of its Packaging, or accompanying such Tobacco Product.
LITTLE CIGAR. Any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. LITTLE CIGAR includes, but is not limited to, Tobacco Products known or labeled as small cigar, little cigar, or cigarillo.
MANUFACTURER. Any Person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States.
PACKAGE or PACKAGING. A pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is Sold or offered for Sale to a Consumer.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
PROPRIETOR. A person with an ownership or managerial interest in a business. An OWNERSHIP INTEREST shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A MANAGERIAL INTEREST shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
SALE or SELL. Any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
SELF-SERVICE DISPLAY. The open display of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public, without the assistance of the Tobacco Retailer or employee of the Tobacco Retailer, and a direct person-to-person transfer between the purchaser and the Tobacco Retailer or employee of the Tobacco Retailer. A Vending Machine is a form of Self-Service Display.
TOBACCO PARAPHERNALIA. Any item designed or marketed for the consumption, use, or preparation of Tobacco Products. TOBACCO PARAPHERNALIA includes Electronic Smoking Device Paraphernalia.
TOBACCO PRODUCT.
1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to a cigarette, cigar, little cigar, chewing tobacco, pipe tobacco, snuff, snus and Hookah Tobacco; and
2. Any Electronic Smoking Device, as defined in § 11.15.010, and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
3. Notwithstanding the definitions set forth in Subsections 1. and 2. to the contrary, TOBACCO PRODUCT includes any component, part, or accessory of Subsections 1. and 2., whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
4. TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
TOBACCO RETAIL ESTABLISHMENT. A fixed location at which Tobacco, Tobacco Products and/or Tobacco Paraphernalia are sold, offered for sale, exchanged or offered for exchange for any form of consideration.
TOBACCO RETAILER. Any Person who Sells, offers for Sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia.
TOBACCO RETAILER LICENSE. A license issued by the Department authorizing a proprietor to engage in Tobacco Retailing.
TOBACCO RETAILING.The Selling, offering for Sale, or exchanging or offering to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. Any person who distributes free or low cost samples of tobacco, Tobacco Products or Tobacco Paraphernalia shall be deemed to be a Tobacco Retailer under this Chapter. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for Sale, exchanged, or offered for exchange.
TOBACCO STORE. A retail establishment that holds a valid Tobacco Retailer License and meets all of the following requirements: (i) primarily sells tobacco products; (ii) generates more than seventy percent (70%) of its gross revenues annually from the sale of Tobacco Products and Tobacco Paraphernalia; (iii) prohibits any person that does not meet the minimum age requirement under state law to purchase and possess tobacco, Tobacco Product or Tobacco Paraphernalia on the premises at any time; and (iv) does not sell food or beverages for consumption on the premises.
VENDING MACHINE. A machine, appliance or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment, that is designed or used for vending purposes, including but not limited to, machines or devices that use remote control locking mechanisms.
(Ord. No. 2009-006 § 1 (part); Ord. No. 2015-004 §§ 1, 2; Ord. No. 2019-013 § 2)