For the purpose of this Chapter:
(a) "Distribute" means to furnish, give, or provide Tobacco Products to the ultimate consumer of the Tobacco Product.
(b) "Permit" means an annual permit issued by the Village or the Village's Permitting Agent for retail sale of Tobacco Products pursuant to Section 763.03 herein.
(c) "Permittee" means the holder of a valid permit under this Chapter.
(d) "Permitting Agent" means an entity with which the Village of Newburgh Heights has contracted to administer permit applications, enforcement, and/or provisions contained in this Chapter.
(e) "Person Under Twenty-One (21)" means a natural person who has not yet reached twenty-one (21) years of age.
(f) "Proof of Age" means a driver's license, a commercial driver's license, a military identification card, a passport, or an identification card issued under Ohio R.C. Sections 4507.50 to 4507.52 that shows that a person is twenty-one (21) years of age or older (i.e., not a Person Under 21).
(g) "Tobacco Product" means any product that is made from tobacco or derived from tobacco or that contains nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, snorted, sniffed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, cigarettes, e-liquids, cigars, little cigars, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco Product" also means electronic devices, including any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including, but not limited to, e-cigarettes, e-cigars, e-pipes, vapor products, or e-hookahs. Tobacco Product includes any component, part, or accessory used in the consumption of tobacco products, whether or not it contains nicotine including, but not limited to, filters, cartridges, pods, pens, rolling papers, or pipes. "Tobacco Product" does not include any of the following:
(1) Any products that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(2) Any products that is a "device" as that term is defined in 21 U.S.C. 321(h); or
(3) Any product that is a "combination product" as described in 21 U.S.C. 353(g). (Ord. 2019-16. Passed 5-7-19.)