As used in this chapter:
(a) "Tobacco Retailer License" means a license issued by the City of Oxford for the sale of tobacco products. "Tobacco retailer license" and "license" are used interchangeably in this Ordinance and shall have the same meaning.
(b) "Licensee" means the holder of a valid license for the sale of tobacco products.
(c) "Person" means any natural person.
(d) "Property line" means the boundary of the land parcel, tract or lot surrounding the business premises.
(e) "Public place" means any 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 City, and any school district or any park district.
(f) "Tobacco Retailer" means any person, partnership, joint venture, society, club, trustee, trust, association, organization, or corporation who owns, operates, or manages any tobacco retail establishment or moveable place of business. Tobacco retailer does not mean the non-management employees of any tobacco retail establishment.
(g) "Tobacco Retail Establishment" means any place of business where tobacco products are available for sale, whether or not the business is open to the public, whether the business is a "movable place of business" defined under this section, or a business or entity that maintains a private membership-based point of sale. The term includes but is not limited to grocery stores, tobacco product shops, kiosks, convenience stores, gasoline service stations, bars, country clubs, cigar lounges, restaurants, and delivery services offered by Tobacco Retail Establishment.
(h) "Self-service displays" means any display from which customers may select a tobacco product without assistance from the tobacco retailer or the tobacco retailer's agent or employee and without direct person-to-person transfer between the purchaser and the tobacco retailer or tobacco retailer's agent or employee. A tobacco vending machine is a form of self-service display.
(i) "Tobacco product" means
(1) Any product containing, made of, or derived from tobacco or nicotine, regardless of source, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, shisha, or snus;
(2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, including but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah; or
(3) Any component, part, or accessory, instrument, or paraphernalia of subsections (1) or (2) above, whether or not any of these contain tobacco or nicotine or whether or not sold separately, including but not limited to liquids used in electronic smoking devices, filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
(4) Tobacco product does not include any product that is a drug, device, or combination of products specifically authorized for smoking cessation purposes by the United States Food and Drug Administration, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(j) "Vending machine" includes any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, credit or debit card, or token, made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, credit or debit card, or token, automatically dispenses any tobacco products.
(k) "Sale" is not only the transfer coin, bill, credit or debit card, or token made for that purchase, but also includes but not limited to the delivery, barter, exchange, transfer or gift, or offer thereof, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(l) "Possess" or "Possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(m) "Moveable Place of Business" means any form of business that is operated out of a kiosk, truck, van, automobile, bike, e-scooter, or other type of vehicle or transportable shelter and that is not affixed address or other permanent type of structure licensed for over-the counter sales transactions.
(n) "Licensed Product" means the term that collectively refers to any tobacco product.
(o) "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of 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.
(p) "Compliance Check" means the system the City of Oxford uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this Ordinance. Compliance checks can involve the use of persons under the age of twenty-one (21) who purchase or attempt to purchase licensed products. Compliance checks may be conducted by the City of Oxford, other units of government, or designated agencies for educational, research, and/or training purposes, or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products.
(q) "Delivery Sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the counter sales transaction, or vending machine in a licensed retail establishment. Delivery sale includes, but is not limited to, the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.
(r) "Youth-oriented facility" means any facility with residents, customers, visitors, or inhabitants of which twenty-five percent (25%) or more are under the age of twenty-one (21) or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of twenty-one (21). Youth- oriented facility includes, but is not limited to, public or private schools, a licensed day care facility or preschool, playgrounds, a library open to the public, recreation centers, and parks.
(Ord. 3730. Passed 8-1-23.)