For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person, as defined herein, who completes or signs an application for a license to sell tobacco, tobacco related devices or electronic delivery devices individually or on behalf of a business.
BUSINESS. The business of selling tobacco, tobacco related devices or electronic delivery devices.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices includes but is not limited to devices manufactured, marketed or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
LICENSE HOLDER or LICENSEE. The owner of the business licensed to sell tobacco, tobacco related devices or electronic delivery devices.
MOVABLE PLACE OF BUSINESS. A business whose physical location is not permanent or is capable of being moved or changed.
PERSON. Includes one or more natural persons, a partnership, limited liability company, corporation, including a foreign, domestic, or nonprofit corporation, a trust, a political subdivision of the state or any other business organization.
SELF-SERVICE MERCHANDISING. A method of tobacco, tobacco related devices or electronic delivery devices so that they are accessible to the public without the intervention of an applicant, license holder or their agents or employees.
TOBACCO. Cigarettes and any product containing, made or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
TOBACCO RELATED DEVICES. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.
VENDING MACHINE. Any mechanical or electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment dispenses tobacco, tobacco related devices or electronic delivery devices and the term includes vending machines equipped with manual, electric or electronic locking devices.
(Ord. 317, passed 9-21-20)