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.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery 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, electronic delivery devices, nicotine or lobelia delivery 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.
ELECTRONIC DELIVERY DEVICE. 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 by delivery of nicotine or any other substance through inhalation of vapor from the product, including any component part of an electronic delivery device, whether or not it is sold or marketed separately.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product 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. The common term used to refer to a single or individually packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 21 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a 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 product) that is not tobacco or an electronic delivery device.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related devices are available for sale to the general public. The phrase 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, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery 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 product, electronic delivery devices, nicotine or lobelia delivery products, or tobacco related device between the customer and the licensee or employee. The phrase shall not include vending machines. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer.
TOBACCO OR TOBACCO PRODUCTS. Includes electronic delivery devices, nicotine or lobelia delivery products , commonly called an electronic cigarette or an e-cigarette and 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. Includes electronic delivery devices, nicotine or lobelia delivery products, commonly called an electronic cigarette or an e-cigarette and 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, electronic delivery devices, nicotine or lobelia delivery product, 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 product or tobacco related device.
(Ord. 240, passed 1-23-2023)