Unless the context clearly indicates otherwise, the following definitions shall apply to all provisions of this chapter:
"Arm's length transaction" means 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 or which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an "arm's length transaction."
"Business" means 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.
"Department" refers to the Riverside County Department of Health and Human Services or other county department, or if so designated by the city manager, any city department designated to administer and/or enforce the provisions of this chapter.
"Drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance, possession of which is unlawful under any federal or state statute.
"Person" is defined in § 1.04.010 of this code.
"Proprietor" means 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 share ultimate control over the day-to-day operations of a business.
"Retail tobacco store" means 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.
"Self-service display" means an 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" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, bong, or cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, bong, or cigarette of any kind).
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking material of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing or consumption of tobacco products.
"Tobacco product" means:
A. Any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
B. 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 United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean 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.
"Vending machine" means a machine, appliance, or other mechanical or electrical device operated by currency, token, debit card, credit card, or any other form of payment, or any other thing representative of value that is designed or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms, which dispenses or releases tobacco products and/or tobacco accessories.
"Vendor-assisted" means that only a store or tobacco retailer employee has access to the tobacco product or tobacco paraphernalia and assists the customer by supplying the tobacco product or tobacco paraphernalia. The customer does not take possession of the tobacco product or tobacco paraphernalia until it is purchased.
(Ord. 365 § 3, 2006)