(a) As used in this section:
(1) “Cigarettes” includes any roll for smoking made wholly or in part of tobacco, irrespective of size, shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials.
(2) “Tobacco products” includes the proceeds, yield or final form of anything made up wholly or in part of the genus of the plant known as “nicotiana”. Such products include but are not limited to cigars, pipe tobacco, chewing tobacco and snuff.
(3) “Sale” includes delivery, barter, exchange, transfer or gift, or offer thereof and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(4) “Possess” or “possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises or property upon or in which thing or substance is found.
(5) “Smoke” means to burn any substance containing tobacco, including a lighted cigarette, cigar, pipe or other smoking device or material.
(6) “Use of tobacco” means to chew or maintain any substance containing tobacco, including smokeless tobacco or in the mouth to derive the effects of tobacco.
(7) “Vending machine” means any mechanical or electrical device designed to receive a coin or token and in return dispenses a product.
(Ord. 00-25. Passed 8-14-00.)