For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses 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. 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 tobacco, tobacco products or tobacco related devices 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 tobacco, tobacco products and tobacco related devices.
COMPLIANCE OFFICERS. City police or reserve officers authorized by the City Administrator to perform compliance checks.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco products 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 in this definition shall not be considered INDIVIDUALLY PACKAGED.
LOOSIES. A single or individually packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile, trailer 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.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public. RETAIL ESTABLISHMENT shall include, but not be limited to, grocery stores, convenience stores and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products or tobacco related devices, 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 tobacco, tobacco products or tobacco related devices between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including, but not limited to, cigarettes; cigars, pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in a manner as to be suitable for chewing, sniffing or smoking.
TOBACCO RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco products or tobacco related devices, except a device by which an employee must insert the money in order to operate the machine is not a VENDING MACHINE for the purpose of this chapter.
(Ord. 79, passed 2-2-1998)