For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARETTE. A roll of tobacco or any substitute thereof wrapped in paper and used for smoking.
CONSUMER. A person who comes into possession of tobacco for the purpose of consuming it, giving it away or disposing of it in any way.
DEALER. Any person dealing directly with the manufacturer of cigarettes in their purchase and in the business of selling cigarettes as a first seller.
FIRST SELLER. Includes all persons who make the initial or first sale or distribution of cigarettes within the city.
PACKAGE. The individual package, box, or other container from which sales of cigarettes are normally made or intended to be made.
PERSON. Any individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, or other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any combination of individuals.
RETAILER. Includes persons, other than a dealer or wholesaler as defined in this section, who is engaged in the business of selling cigarettes at retail, who shall sell or offer for sale cigarettes, irrespective of quantity, number of sales, giving the same away, or exposing the same where it may be taken, or purchased, or otherwise acquired.
SALE. Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration, or any agreement therefor.
WHOLESALER. Includes any persons whose principal business is that of a wholesale jobber and who is known to the trade as such, who sells cigarettes for only the purpose of resale or giving them away, or exposing the same where they may be taken or purchased or otherwise acquired by the retailer. (Prior Code, § 615.010) (Ord. 297, passed 2-1-2000)