For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTE.
To give, sell, deliver, dispense or issue or offer to give, sell, deliver, dispense or issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
ELECTRONIC CIGARETTE. Any electronically actuated device which, in operation, causes the user to exhale any smoke, vapor or other substance other than those produced by unenhanced human exhalation. ELECTRONIC CIGARETTE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a “vape,” “vaping device,” “vaping product,” or under any other product name or descriptor. The term ELECTRONIC CIGARETTE does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.
FLAVORED LIQUID NICOTINE PRODUCT. Any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term CHARACTERIZING FLAVOR means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a liquid nicotine product including, but not limited to, tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb or any spice.
LEGAL GUARDIAN.
A person appointed guardian or given custody of a minor by a circuit court of the state but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act.
LICENSEE.
Any person (as defined herein) holding a license to sell tobacco products at retail under this chapter and § 111.31(A).
LIQUID NICOTINE PRODUCT.
(1) Any electronic cigarette:
(a) Containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; or
(b) Packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; and
(2) Any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution contains nicotine and is intended to be utilized in an electronic cigarette. The term LIQUID NICOTINE PRODUCT does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq.
MINOR.
A person who has not yet reached 18 years of age.
PERSON.
Any individual, firm, limited liability company, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a unit, excepting the United States of America, the State of Illinois, and any political subdivision thereof.
PHOTOGRAPHIC IDENTIFICATION.
Any officially issued card containing the bearer's date of birth that includes a photograph of the person seeking to purchase tobacco products and that is accepted as proof of age under Illinois law.
POINT OF SALE.
A store, building, structure, or any other separate place of business maintained by a seller from which tobacco products are made available for sale or distribution to consumers. POINT OF SALE does not include separate cash registers or service counters within a store or other place of business.
PUBLIC PLACE.
Any area to which the public is invited or permitted.
RETAILER.
Any person who sells tobacco products to individuals for personal consumption. This definition includes the owner of the business and any employees of the business.
SMOKE OR TOBACCO SHOP. See definition in § 17.4 (Generic Use Definitions) of the Zoning Ordinance.
SMOKING LOUNGE. See definition in § 17.4 (Generic Use Definitions) of the Zoning Ordinance.
SMOKING PARAPHERNALIA. Any equipment, device, or instrument that is primarily designed or manufactured for smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing or ingesting by any other means into the body of tobacco/hemp products as defined herein. Items or devices classified as SMOKING PARAPHERNALIA include, but are not limited to, pipes, bongs, punctured metal bowls, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of SMOKING PARAPHERNALIA.
TOBACCO PRODUCT SAMPLE. A tobacco product distributed to members of the general public at no cost or at nominal cost for purposes of promoting the product.
TOBACCO/HEMP PRODUCTS. Any product in leave, flake, plug, liquid, or any other form, including but not limited to cigarettes, cigars, snuff, smoking tobacco, any liquid nicotine product including but not limited to any flavored liquid nicotine product and/or smokeless tobacco, containing nicotine, tetrahydrocannabinol, or other products derived from the tobacco or hemp plant. The term TOBACCO/HEMP PRODUCTS also includes electronic cigarettes, also known as “E-Cigarettes” even if certain e-cigarettes do not contain any tobacco. This does not include medical or recreational cannabis. The term TOBACCO/HEMP PRODUCTS also includes electronic cigarette devices known as “vapes,” “vaping devices,” or “vaping products.”
VENDING MACHINE. Any mechanical, electronic or self-service device which upon insertion of money, tokens or any other form of payment, automatically dispenses tobacco products.
(Ord. C0-05-35, passed 10-4-2005; Am. Ord. CO-2019-35, passed 12-17-2019; Am. Ord. CO-2023-36, passed 6-20-2023; Am. Ord. CO-2023-49, passed 12-5-2023)