Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 C.F.R. § 1700.15(b), as in effect on 1-1-2015, and was tested in accordance with the method described in 16 C.F.R. § 1700.20.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase licensed products for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to licensed products.
ELECTRONIC DELIVERY DEVICES. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICES includes any component part of a product, whether or not marketed or sold separately. ELECTRONIC DELIVERY DEVICES does not include any product that has been approved or certified 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 marketed and sold for such an approved purpose. ELECTRONIC DELIVERY DEVICES includes any such devices, whether they are manufactured, distributed, marketed or sold as e-cigarettes, e-cigars, e-pipes or under any other product name or descriptor.
INDIVIDUALLY PACKAGED. The practice of selling any licensed product wrapped individually for sale. INDIVIDUALLY PACKAGED products shall include, but are 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 in this definition shall not be considered INDIVIDUALLY PACKAGED.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent. A standard (0.011 gauge with an 18 by 16 mesh count) window screen is not considered a wall.
LICENSED PRODUCTS. The term that collectively refers to tobacco, tobacco-related devices, electronic delivery devices and nicotine or lobelia delivery products.
LOOSIES. The common term used to refer to a single or individually packaged cigar or cigarette, or any other licensed product that has been removed from its intended retail packaging and sold individually. LOOSIES does not include individual cigars with a retail price, after any discounts are before any sales taxes are imposed, of more than $1 per cigar.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
NICOTINE OR LOBELIA DELIVERY PRODUCTS. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device, as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCTS does not include any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes and is being marketed and sold solely for that approved purpose.
RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. The phrase shall include, but not be limited to, grocery stores, convenience stores, gasoline service stations bars and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of licensed products in any manner where any person shall have access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the licensed product between the customer and the licensee or employee. SELF-SERVICE SALES are interpreted as being any sale where there is not an actual physical exchange between the clerk and the customer.
SMOKE or SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe or any other tobacco or plant product, or inhaling or exhaling aerosol or vapor from an electronic delivery device. SMOKE or SMOKING includes being in possession of a lighted or heated cigar, cigarette, pipe or any other tobacco or plant product intended for inhalation, or an electronic delivery device that is turned on or otherwise activated.
TOBACCO. Any product containing, made or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any component, part or accessory of a tobacco product including, but not limited to: cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO does not include 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 such an approved purpose.
TOBACCO-RELATED DEVICES. Any pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking or inhalation of vapors of tobacco or tobacco products. TOBACCO-RELATED DEVICES includes components of tobacco- related devices which may be marketed or sold separately.
USE. Smoking, inhaling or exhaling of any licensed product including tobacco and tobacco-related devices and aerosol or vapor from any electronic delivery device. USE shall also mean being in possession of an electronic delivery device that is turned on or otherwise activated.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses licensed products upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the licensed product.
(2002 Code, § 4.14) (Ord. 75, Fourth Series, effective 7-1-1995; Ord. 90, Sixth Series, effective 3-12-2009; Ord. 41, Seventh Series, effective 5-9-2016; Ord. 91, Seventh Series, passed 9-16-2019)