(A) Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term SHALL means mandatory and the term MAY means permissive.
(B) 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 may involve the use of minors as authorized by this chapter.
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 subdivision 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 18 years.
MOVEABLE PLACE OF BUSINESS. Refers to 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.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco-related devices are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores, restaurants and bars.
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 way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the SELF-SERVICE MERCHANDISING. 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 such 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 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 product or tobacco-related device.
(1990 Code, § 1101.020)