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, tobacco-related devices, and electronic delivery devices are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of any person under the age of 21 who attempts to purchase tobacco, tobacco products, tobacco-related devices, or electronic delivery 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, tobacco-related devices, and electronic delivery devices.
DEMAND MERCHANDISING. As opposed to “self-service merchandising,” the type of sale by which a customer specifically requests a product that is locked up, out of reach or otherwise located in a storage unit not accessible to the customer. The product must then be procured by the employee of a licensed premise for presentation and sale to the customer.
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 in the delivery of nicotine or any other substance through inhalation of vapor from the product. ELECTRONIC DELIVERY DEVICE includes any component part of such a product, whether or not sold separately. ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE MERCHANDISING TOBACCO DISPLAY. Each and every separate retail display of tobacco, tobacco products or tobacco-related devices that is directly accessible by all customers, including those under the age of 21, without the assistance of the licensee or the licensee’s employee.
SMOKING. Includes inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or other lighted or heated tobacco or plant product, or inhaling or exhaling vapor from any electronic delivery device. SMOKING includes carrying a lighted or heated cigar, cigarette, pipe, electronic delivery device, or any other lighted or heated tobacco or plant product intended for inhalation.
TOBACCO, TOBACCO PRODUCTS or TOBACCO-RELATED DEVICES. Includes but are not limited to 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; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; and other kinds and forms of tobacco. TOBACCO excludes any tobacco product that has been approved by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses tobacco, tobacco products, tobacco-related devices, or electronic delivery devices, upon the insertion of money, tokens or any other form of payment or exchange directly into the machine by someone other than an employee of a licensed establishment.
(`87 Code, § 502.01) (Am. Ord. 13-19-02, passed 12-19-13; Am. Ord. 20200820-01, passed 8-20-20; Am. Ord. 20201015-01, passed 10-15-20)