For the purposes of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed thereto:
ADULT-ONLY FACILITY: A facility or restricted area (whether open-air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of thirty (30) that no person under legal age is present. A facility or restricted area need not be permanently restricted to persons under twenty-one (21) years of age to constitute an adult-only facility, provided that the operator ensures or has a reasonable basis to believe that no person under twenty-one (21) years of age is present during the event or time period in question.
ALTERNATIVE NICOTINE PRODUCT: A 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. “Alternative nicotine product” does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this Section; or 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.
COMPLIANCE CHECK: An inspection conducted with the intention of assessing retail sales of tobacco, alternative nicotine, or electronic cigarette products to person under twenty-one (21) years of age and enforcing age-of-sales laws. Compliance checks are conducted by having designated persons under the age of twenty-one (21) years of age attempt to purchase tobacco, alternative nicotine, or electronic cigarette products from vendors.
ELECTRONIC CIGARETTE:
A. A. Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
B. Any cartridge or container of a solution or 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. “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. “Electronic cigarette” does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this Section; 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 Pilot Program Act.
LICENSE: A license issued by the village of Minooka for the retail sale of tobacco, alternative nicotine, or electronic cigarette products.
LICENSEE: Any person, firm, corporation, partnership or club holding a license for the retail sale of tobacco, alternative nicotine, or electronic cigarette products under the provisions of this chapter.
PERSON: Any individual, firm, partnership, corporation, company, association, joint venture or any employee or agent thereof.
PUBLIC PLACE: An 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 village, any school district, or any park district.
SELF-SERVICE DISPLAYS: Open displays of tobacco, alternative nicotine, or electronic cigarette products, and point of sale tobacco, alternative nicotine, or electronic cigarette promotional products that the public has access to without intervention of a store employee.
TOBACCO PRODUCTS: 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. “Tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include: an electronic cigarette and alternative nicotine product as defined in this Section; or 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.
VENDING MACHINES: Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any form of payment, dispenses tobacco, alternative nicotine, or electronic cigarette products. (Ord. 2016-15, 3-22-2016; amd. Ord. 2019-24, 11-26-2019; Ord. 2023-18, 4-25-2023)