539.01 DEFINITIONS.
   As used in this chapter:
   (a)   “Department" means Trumbull County Combined Health District and its authorized employees and agents.
   (b)   "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device.  Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
   (c)   "Licensee" means a person that applied for and was issued a retail tobacco and paraphernalia sales license or a temporary retail tobacco and paraphernalia sales license.
   (d)   "Product Paraphernalia" means any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of nicotine to include, but not limited to, pipes and rolling papers.
   (e)   "Retail Paraphernalia Sales" means the act of giving, selling or otherwise distributing product paraphernalia in a retail setting, including but not limited to, gas stations, convenience stores, carry out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops and hookah bars.
   (f)   "Retail Tobacco Sales" means the act of giving, selling or otherwise distributing tobacco products in a retail setting, including but not limited to, gas stations, convenience stores, carry out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops and hookah bars.
   (g)   "Temporary Retail Tobacco and Paraphernalia Sales" means the act of giving, selling or otherwise distributing tobacco products and/or product paraphernalia at an event for not more than thirty consecutive days.
   (h)   "Tobacco Product" means any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff or snus. The term also includes, but is not limited to, an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine.  Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
   (i)   "Underage Buy Attempt" means a person, authorized by the Department, under the age of 21 , who requests purchase of tobacco products or product paraphernalia from a retailer or a person under age 30 who requests purchase of tobacco products or product paraphernalia from a retailer without presenting identification.
   (j)   "Vending Machine" means any mechanical or electronic device designed to do both of the following:
      (1)   Receive a coin, bill, token or credit card, including, but not limited to, a card, code, device, or other means of access to a customer's account, made for that purpose;
      (2)   In return for the insertion or deposit of a coin, bill, token or credit card, automatically dispense property, provide a service, or grant a license.
         (Ord. 8242-19.  Passed 9-9-19.)