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ARTICLE XIV. TOBACCO RETAILERS
For the purposes of this article, the following words shall have the following meanings:
(A) ARM’S LENGTH TRANSACTION - 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 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 the article is not an ARM’S LENGTH TRANSACTION.
(B) CIGAR - Any roll of tobacco other than cigarettes wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 3 pounds per 1,000.
(C) CIGARETTE -
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
(2) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
(D) COLLECTOR - The assistant city treasurer or designee.
(E) ELECTRONIC SMOKING DEVICE - Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. ELECTRONIC SMOKING DEVICE does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(F) FLAVORED TOBACCO PRODUCT - Any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product.
(G) LITTLE CIGAR - Any roll of tobacco other than cigarettes wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 3 pounds per 1,000. LITTLE CIGAR includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
(H) PERSON - Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(I) PROPRIETOR - 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.
(J) SALE or SELL - Any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
(K) SELF-SERVICE DISPLAY - The open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of SELF-SERVICE-DISPLAY.
(L) TOBACCO PRODUCT -
(1) (a) Any product containing, made of, or derived from tobacco or nicotine 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, or snus;
(b) Any electronic smoking device as defined in this article and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
(c) Any component, part, or accessory of (1)(a) or (b), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
(2) TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(M) TOBACCO RETAILER - Any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration tobacco products.
(N) TOBACCO RETAILING - Selling, offering for sale, or exchanging or offering to exchange for any form of consideration tobacco products without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
(Ord. No. 2854, 2973, 2977)
(A) Tobacco retailer’s permit required - No person shall act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s permit pursuant to this article for each location at which such activity is to occur.
(B) Display of permits - Each tobacco retailer permit shall be posted in a conspicuous public location at the place of business for which the permit has been issued.
(C) Lawful business operation - A business tax certificate shall be obtained pursuant to section 11-4 of this code before any permit is issued pursuant to this section. The issuance of a permit shall not eliminate compliance with any other requirements, including the requirement for another permit, certificate or clearance, imposed by any other local, State, or federal rule, regulation, or law.
(Ord. No. 2854, 2973)
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