The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
ADULT: A person twenty-one (21) years of age or older.
APPLICANT: Refers to a "person" as defined herein, who completes or signs an application for a license to sell tobacco products individually or on behalf of a business.
BUSINESS: Refers to the business of selling tobacco products.
ELECTRONIC DELIVERY DEVICE AND E-CIGARETTE: 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 in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device 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 product, or for other medical purposes, and is marketed and sold for such an approved purpose.
LICENSE HOLDER: Refers to the owner of the business licensed to sell tobacco products.
MOVABLE PLACE OF BUSINESS: A business whose physical location is not permanent or is capable of being moved or changed.
PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
SELF-SERVICE MERCHANDISING: A method of displaying tobacco products so that they are accessible to the public without the intervention of an applicant, license holder or their agents or employees.
SMOKING LOUNGE: A tobacco products shop which allows customers to be seated.
TOBACCO PRODUCTS: Any products 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, cigarettes, cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products excludes any tobacco 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 such an approved purpose. The term "tobacco product" includes electronic delivery devices and e-cigarettes.
TOBACCO PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of tobacco related products and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license.
UNDERAGE PERSON: A person who has not attained the minimum age mandated by federal, state, or local law, whichever is greater, to purchase tobacco products.
VAPOR LOUNGE: A vapor products shop which allows customers to be seated.
VAPOR PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of electronic delivery devices, e-cigarettes and related products and in which the sale of other products is merely incidental. "Vapor products shop" does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license.
VENDING MACHINE: Any mechanical, electric or electronic, self- service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products and including vending machines equipped with manual, electric or electronic locking devices.
(Ord. 777, sec. 1, 12-20-2004; amd. Ord. 870, 9-20-2010; Ord. 925, 10-6-2014; Ord. 944, 7-6-2015; Ord. 1025, 3-2-2020)