As used in this chapter:
(a) "Tobacco Retailer License" means a license issued by Lorain County Public Health, or another designee, for the sale of tobacco products. "Tobacco retailer license" and "license" are used interchangeably in this Ordinance and shall have the same meaning.
(b) "Licensee" means the holder of a valid license for the sale of tobacco products.
(c) "Person" means any natural person.
(d) "Public place" means any area to which the public is invited or in which the public is permitted, including, but not limited to, any right of way, mall or shopping center, park, playground and any other property owned by the City, and any school district or any park district.
(e) "Tobacco Retailer" means any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation who owns, operates, or manages any tobacco retail establishment. Tobacco retailer does not mean the non-management employees of any tobacco retail establishment.
(f) "Tobacco Retail Establishment" means any place of business where tobacco products are available for sale, whether or not the business is open to the general public, whether the business is a "movable place of business" defined under this section, or a business or entity that maintains a private membership-based point of sale. The term includes but is not limited to grocery stores, tobacco product shops, kiosks, convenience stores, gasoline service stations, bars, country clubs, cigar lounges, and restaurants.
(g) "Self-service displays" means any display from which customers may select a tobacco product without assistance from the tobacco retailer or the tobacco retailer's agent or employee and without direct person-to-person transfer between the purchaser and the tobacco retailer or tobacco retailer's agent or employee. A tobacco vending machine is a form of self-service display.
(h) "Tobacco product" means
(1) Any product containing, made of, or derived from tobacco or nicotine, regardless of source, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, hookah, electronic hookah, snuff, shisha, or snus;
(2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, including but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah; or
(3) Any component, part, or accessory, instrument, or paraphernalia of subsection (h)(1) or (2), whether or not any of these contain tobacco or nicotine or whether or not sold separately, including but not limited to, a mechanical heating element, battery, electronic circuit, liquids used in electronic smoking devices, filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
(4) Tobacco product does not include any product that is a drug, device, or combination of products specifically authorized for smoking cessation purposes by the United States Food and Drug Administration, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(i) "Vending machine" includes any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill or token, automatically dispenses any tobacco products.
(j) "Sale" includes delivery, barter, exchange, transfer or gift, or offer thereof, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.
(k) "Possess" or "Possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(l) "Moveable Place of Business" means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the counter sales transactions.
(m) "Licensed Product" means the term that collectively refers to any tobacco product.
(n) "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm's Length Transaction.
(o) "Compliance Check" means the system Lorain County Public Health, or another designee, uses to investigate and ensure that those authorized to sell tobacco products are following and complying with the requirements of this ordinance. Compliance checks can involve the use of persons under the age of twenty-one (21) who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by Lorain County Public Health, or another designee, the City of Lorain, other units of government, or designated agencies for educational, research, and/or training purposes, or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
(p) "Delivery Sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the counter sales transaction in a licensed retail establishment. Delivery sale includes, but is not limited to, the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.
(q) "Youth-oriented facility" means any facility that caters to or provides services primarily intended for individuals under the age of twenty-one (21), or the individuals who regularly congregate or assemble at the establishment are predominately under the age of twenty-one (21). Youth- oriented facility includes, but is not limited to, public or private schools, a licensed day care facility or preschool, playgrounds, a library open to the public, recreation centers, and parks.
(Ord. 233-23. Passed 11-6-23.)