For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATE NICOTINE PRODUCT. Any 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. ALTERNATE NICOTINE PRODUCT does not include 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 purposes.
CANNABIS.
(1) Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether
produced directly or indirectly by extraction. CANNABIS also means concentrate and cannabis-infused products.
(2) CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act.
DISTRIBUTION. To give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
ELECTRONIC CIGARETTE.
(1) ELECTRONIC CIGARETTE means:
(a) Any device that employs a battery or mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
(b) Any cartridge or container of a solution 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.
(3) ELECTRONIC CIGARETTE does not include: 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 Program Act.
EMPLOYEE. Any person who may be required to or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment, or to go, or work, or be at any time in any place of employment.
EMPLOYER. Any person, firm, corporation, agent, manager, representative, or other person having control or custody of any employment, place of employment, or employee.
ESTABLISHMENT. Any physical facility operated by a commercial enterprise, nonprofit entity, government agency or other person.
HOOKAH LOUNGE. Any location accessible to the public where patrons share tobacco, flavored tobacco or other substances from a communal hookah or nargile.
ORDINARY PUBLIC VIEW. Within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property.
ORGANIZATION. A corporation for profit, or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial legal entity.
PUBLIC PLACE. Any place where a person could reasonably be expected to be observed by others.
(1) PUBLIC PLACE includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government as well as all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by a unit of local government.
(2) PUBLIC PLACE includes, but is not limited to, the grounds of any preschool, primary or secondary school, and school buses. PUBLIC PLACE includes any business establishment open to the general public.
(3) PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises.
TOBACCO PRODUCT. Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity.
(1) TOBACCO PRODUCT includes any component, part, or accessory of a tobacco product, whether or not sold separately.
(2) TOBACCO PRODUCT does not include any 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 that approved purpose.
(Ord. 935, passed 5-6-98; Am. Ord. 1703, passed 3-6-19; Am. Ord. 1707, passed 4-17-19; Am. Ord. 1746, passed 3-4-20)