For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARACTERIZING FLAVOR. A distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint, or wintergreen, imparted either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CIGAR. Any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four pounds per thousand.
CIGARETTE.
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco, and
(2) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in division (1) above.
COMPONENT PART. Any element of a tobacco product, including, but not limited to, the tobacco, filter, and paper, but not including any constituent.
CONSTITUENT. Any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. Such term shall include a smoke constituent.
CONSUMER. A person who purchases a tobacco product for consumption and not for sale to another.
COUPON. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue; whether in paper, digital, or other form; used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
DISTINGUISHABLE. Perceivable by an ordinary consumer by either the sense of smell or taste.
ELECTRONIC SMOKING DEVICE. An electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, and electronic hookah, or any other product name or descriptor. ELECTRONIC SMOKING DEVICE does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
ELECTRONIC SMOKING DEVICE ESTABLISHMENT. Any business which does not sell food or beverages and for which the principal or core business is selling electronic smoking devices, as evidenced by any of the following: 33% or more of floor or display area is devoted to electronic smoking devices; or 67% or more of gross sales receipts are derived from electronic smoking devices.
FLAVORED TOBACCO PRODUCT. Any tobacco product, other than a cigarette, that contains a constituent that imparts a characterizing flavor.
FULL RETAIL PRICE. The higher of the price listed for a tobacco product on its packaging or the price listed on any related shelving, posting, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price, and before the application of any discounts or coupons.
LITTLE CIGAR. Any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four pounds per thousand. LITTLE CIGAR includes, but is not limited to, tobacco products known or labeled as "small cigar" or "little cigar."
NON-CIGARETTE TOBACCO PRODUCT. A tobacco product that is not a cigarette.
PACKAGE OR PACKAGING. A pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
PERSON. Any natural person, partnership, firm, limited liability company, joint stock company, corporation, proprietorship or employee thereof, or other legal entity.
SALE or SELL. Any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
SMOKE CONSTITUENT. Any chemical or chemical compound in mainstream or sidestream tobacco product smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.
TOBACCO PRODUCT.
(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, 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, and snuff; and
(2) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(3) Notwithstanding any provision of divisions (1) and (2) above to the contrary, TOBACCO PRODUCT includes any component, part, or accessory of a tobacco product, whether or not sold separately, 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 or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
TOWN. The Town of Middletown, Rhode Island.
TOWN COUNCIL. The Middletown Town Council.
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. 2017-11, passed 6-19-17; Am. Ord. 2017-17, passed 12-4-17)