§ 123.02  DEFINITIONS.
   For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them:
   "ALTERNATIVE NICOTINE PRODUCT." A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "ALTERNATIVE NICOTINE PRODUCT" does not include: cigarettes as defined in Section 1 of the Illinois Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Illinois Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this chapter; or any product 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 that approved purpose.
   "ELECTRONIC CIGARETTE" means: 1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; 2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or 3) any solution or substance, whether or not it contains nicotine intended for use in the device. "ELECTRONIC CIGARETTE" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. "ELECTRONIC CIGARETTE" does not include: cigarettes as defined in Section 1 of the Illinois Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Illinois Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this chapter; or any product 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 that approved purpose; or any therapeutic product approved for use under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act.
   SMOKING HERBS.  All substances of plant origin and their derivatives, including but not limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.
   TOBACCO ACCESSORIES.  Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any state statute or city ordinance, or of substances whose sale, gift, barter, or exchange is made illegal under any state statute or city ordinance.
   "TOBACCO PRODUCTS."  Any product containing or made from tobacco 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, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. "TOBACCO PRODUCT" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "TOBACCO PRODUCT" does not include: an electronic cigarette and alternative nicotine product as defined in this chapter; or any 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 that approved purpose.
   "TOBACCO VENDING MACHINE."  Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products, electronic cigarettes or alternative nicotine products.
(Ord. 7860, passed 10-1-96; Am. Ord. 8475, passed 4-4-06; Am. Ord. 9202, passed 5-7-19)