§ 177.03  DEFINITIONS.
   For the purpose of this chapter, the following terms, phrases, and words shall have the meanings given to them in this section. All terms, phrases, and words used in this chapter but not specifically defined in this section shall have the ordinary meaning commonly ascribed to those terms, phrases, or words.
   ALTERNATIVE NICOTINE PRODUCT.
      (1)   A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.
      (2)   ALTERNATIVE NICOTINE PRODUCT does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this section; or any product 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 that approved purpose.
   ELECTRONIC CIGARETTE.
      (1)   (a)   Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
         (b)   Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or
         (c)   Any solution or substance, whether or not it contains nicotine intended for use in the device.
      (2)   ELECTRONIC CIGARETTE includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.
      (3)   ELECTRONIC CIGARETTE does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this section; any product 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 that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
   ELECTRONIC SMOKING DEVICE.  Any device that may 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.
   HEALTH OFFICER. The Executive Director of the Lake County Health Department or an appropriate designated agent.
   PERSON. An individual, corporation, partnership, association, or other legal entity.
   TOBACCO PRODUCT.  Any product that is made from or derived from tobacco, or that contains nicotine, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus.  TOBACCO PRODUCT also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product such as filter, rolling papers, pipes, and liquid 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.
   TOBACCO PRODUCT.
      (1)   Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity.
      (2)   TOBACCO PRODUCT includes any component, part, or accessory of a tobacco product, whether or not sold separately.
      (3)   TOBACCO PRODUCT does not include: an electronic cigarette and alternative nicotine product as defined in this section; or 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 that approved purpose.
   VENDING MACHINE. Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens, or any other forms of payment, dispenses tobacco products, electronic cigarettes, or alternative nicotine products.
(1977 Code, § 2:1-18)  (Ord. [Bd of Health Ord., Art. XVIII] passed 11-14-2000; Ord. 17-0891, passed 9-12-2017; Ord. 20-0312, passed 3-10-2020)