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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECK. The system used by the city to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco-related devices are following and complying with the requirements of this chapter and state statutes. COMPLIANCE CHECKS may involve the use of minors as authorized pursuant to this chapter and state statutes.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually-wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, 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 herein shall not be considered INDIVIDUALLY PACKAGED.
LOOSIES. The plural form of any single or individually-packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVABLE PLACE OF BUSINESS. Any form of business which does not operate from a lawfully- constructed building with a permanent address, including, but not limited to, a truck, van, automobile or other type of vehicle or transportation shelter without a fixed address.
PERSON. An individual, firm, partnership, association or corporation; the term may extend and be applied to bodies corporate and politic, and to partnerships and other unincorporated associations.
RETAIL ESTABLISHMENT. Any licensed place of business where any tobacco, tobacco product or tobacco-related device is available for sale to the general public. RETAIL ESTABLISHMENTS include, but are not limited to, grocery stores, convenience stores and restaurants.
SALE. Any transfer of any tobacco, tobacco product or tobacco-related device as a free sample, or for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING. Any open display of any tobacco, tobacco product or tobacco-related device in any way where any person has access to the product or tobacco-related device without the assistance or intervention of a licensee or an employee of the premises maintaining the display. The term does not include vending machines allowed herein.
TOBACCO or TOBACCO PRODUCT. Any substance or item containing tobacco leaf including, but not limited to, any cigarette, cigar, pipe tobacco, snuff, fine-cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug-cut, ready rubbed and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobacco, dipping tobacco, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing or smoking.
TOBACCO SHOP OR SHOPS. A retail establishment devoted exclusively to the sale of tobacco, tobacco products and tobacco-related devices.
TOBACCO-RELATED DEVICE. Any tobacco product as well as a pipe, rolling paper or other device which is used, or can be used, for the chewing, sniffing or smoking of any tobacco or tobacco product.
VENDING MACHINE. Any mechanical, electronic or other type of device which dispenses any tobacco, tobacco product or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into a machine.
(Ord. 2002-5, passed 3-12-2002, Ord. 2020-04, passed 2-11-2020)