For the purposes of this chapter, the following words and terms shall have the following meanings.
ARM’S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners or a sale for the primary purpose of avoiding the effect of the violations of this chapter is presumed not to be an ARM’S LENGTH TRANSACTION.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering architectural or other professional services are delivered.
CITY. The City of Menifee or its designee hereunder for the administration and enforcement of this chapter.
DEPARTMENT. The County Department of Health and Human Services or other county department, if so designated by the City Council by written contract, or any city department designated to administer and/or enforce the provisions of this chapter.
PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a
10% or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share ultimate control over the day-today operations of a business.
RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories; and in which at least 80% of the square footage of the available retail floor and shelf space is devoted to the sale of tobacco-related products and accessories. Operation of a hookah lounge, as defined by city ordinance, does not fall within the definition of a RETAIL TOBACCO STORE.
SELF-SERVICE DISPLAY. The open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of SELF-SERVICE DISPLAY.
SMOKING. Possessing a lighted tobacco product, tobacco paraphernalia or any other weed or plant (including a lighted pipe, lighted cigar or lighted cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia or any other weed or plant (including a pipe, cigar or cigarette of any kind).
TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other item designed for the smoking, preparation, storing or consumption of tobacco products.
TOBACCO PRODUCT.
(1) Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco; and
(2) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.
TOBACCO RETAILER. Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia.
TOBACCO RETAILING. The doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
(Ord. 2009-65, passed - -2009)