§ 134.52  DEFINITIONS.
   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
   ALTERNATIVE NICOTINE PRODUCT.  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. ALTERNATIVE NICOTINE PRODUCT does not include cigarette, smokeless tobacco, other tobacco 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 or tobacco products as defined in this Section; or any products, or any other product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, which 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. 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.
   SMOKE OR SMOKING.  The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted tobacco product in any manner or in any form and shall also include the inhaling, exhaling, burning or carrying any alternative nicotine product or vapor product as defined in this chapter.
   TOBACCO PRODUCTS.  Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco and shall also include any alternative nicotine products and vapor products as defined in this chapter.
   VAPOR PRODUCT.  Any non-combustible product, which may or may not contain nicotine that employs a heating element, power source, electronic circuit, or other electronic chemical or mechanical means, regardless of shape or size that can be used to produce vapor from a solution or any other form. VAPOR PRODUCT includes any electronic cigarette, hookah, electronic cigar, electronic cigarillo, electronic pipe, hookah pipe or similar product or device, as well as any vapor cartridge or other container that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.  VAPOR PRODUCT does not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
   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.
(Ord. 97-052, passed 3-26-97; Am. Ord. 16-010, passed 7-20-16; Am. Ord. 19-018, passed 5-15-19)