For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARETTE.
(1) Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and costs of or contains:
(a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filter, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subsection (1) of this definition.
(2) The term
CIGARETTE includes “roll-your-own” (such as, any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.) For purposes of this definition of cigarette, nine one-hundredths of an ounce of “roll-your-own” tobacco shall constitute one individual CIGARETTE.
PROOF OF AGE. A driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 21 years of age or older, and contains a photograph or other likeness of the individual and appears on its face to be valid.
SAMPLE. A tobacco product or vapor product distributed to members of the public at no cost for the purpose of promoting the product.
SAMPLING. The distribution of samples to members of the public in a public place.
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption.
TRANSACTION SCAN. The process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification.
TRANSACTION SCAN DEVICE. Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.
VAPOR PRODUCT. Non-combustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCTS shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. VAPOR PRODUCTS do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
(Prior Code, § 111.110) (Ord. 1715, passed 3-11-2014; Ord. O-2021-28, passed 9-14-2021)