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 Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
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 may involve the use of persons under 21 years of age as authorized by this chapter. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations related to Licensed Products.
ELECTRONIC DELIVERY DEVICE: Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
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 five (5) or more single packs or other containers as described in this chapter 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 a retractable divider, garage door, or other physical barrier, whether temporary or permanent.
LICENSE: A license issued under this Chapter for the sale of licensed products.
LICENSED PRODUCTS: Any tobacco, nicotine, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery device.
LOOSIES: The common terms used to refer to a single or individually packaged cigarette or any other licensed product that has been removed from its intended retail packaging and offered for sale. The term “loosies” does not include individual cigars with a retail price, before any sales tax, of more than $2.00 per cigar.
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: Any product containing nicotine. Nicotine 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 treatment product, or for other medical purposes, and is marketed and sold for such an approved purpose.
NICOTINE OR LOBELIA DELIVERY DEVICE: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section. Nicotine or lobelia delivery device does not include any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose.
PREMIUM CIGAR: Any cigar that is hand-constructed, has a wrapper that is made entirely from whole tobacco leaf, has a filler and binder that is made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor, and has a wholesale prince of no less than two dollars ($2.00).
RETAIL ESTABLISHMENT: Any place of business where licensed products are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, drug stores, restaurants, and tobacco products shops and exclusive liquor stores.
SALE: Any transfer of goods for money, trade, barter or other consideration.
SAMPLING: The lighting of tobacco, tobacco products, or tobacco-related devices in a retail establishment by a customer or potential customer for the purpose of sampling the product or device before purchase, or the activation and inhaling of vapor from electronic delivery devices in a retail establishment by a customer for the purpose of trying the product or device.
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 agents or employees.
TOBACCO or TOBACCO PRODUCTS: Cigarettes and 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 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 excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
TOBACCO PRODUCTS SHOP: A retail establishment that has an entrance door opening directly to the outside and that derives more than 90 percent of its gross revenue from the sale of licensed products and in which the sale of other products is merely incidental. “Tobacco products shop” does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.
TOBACCO RELATED DEVICES: Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.
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 product or tobacco related device. (Ord. 1457, - -2023)