§ 19-4101.  Definitions.
   In this Chapter, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:
   (1)   Dealer. Any person engaged in the business of selling sugar-sweetened beverage for retail sale within the City, including but not limited to restaurants; retail stores; street vendors; owners and operators of vending machines; and distributors who engage in retail sales.
   (2)   Distributor. Any person who supplies sugar-sweetened beverage to a dealer.
   (3)   Sugar-sweetened beverage.
      (a)   Any non-alcoholic beverage that lists as an ingredient:
         (.1)   any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or
         (.2)   any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame.
      (b)   Any non-alcoholic syrup or other concentrate that is intended to be used in the preparation of a beverage and that lists as an ingredient:
         (.1)   any form of caloric sugar-based sweetener, including, but not limited to, sucrose, glucose or high fructose corn syrup; or
         (.2)   any form of artificial sugar substitute, including stevia, aspartame, sucralose, neotame, acesulfame potassium (Ace-K), saccharin, and advantame.
      (c)   Notwithstanding subsections (a), (b), and (c), sugar-sweetened beverages shall not include:
         (.1)   Baby formula.
         (.2)   Any beverage that meets the statutory definition of "medical food" under the Orphan Drug Act, 21 U.S.C. § 360ee(b)(3), as amended.
         (.3)   Any product, more than fifty percent (50%) of which, by volume, is milk.
         (.4)   Any product more than fifty percent (50%) of which, by volume, is fresh fruit, vegetables or a combination of the two, added by someone other than the customer.
         (.5)   Unsweetened drinks to which a purchaser can add, or can request that a seller add, sugar, at the point of sale.
         (.6)   Any syrup or other concentrate that the customer himself or herself combines with other ingredients to create a beverage.
      (d)   Examples of sugar-sweetened beverages include, but are not limited to, soda; non- one hundred percent (100%) fruit drinks; sports drinks; flavored water; energy drinks; pre-sweetened coffee or tea; and non- alcoholic beverages intended to be mixed into an alcoholic drink.
      (e)   The Department is authorized to promulgate regulations to clarify the inclusion or exclusion of particular products; and to exclude particular products with respect to which, because of their ingredients or other administrative or health-related reasons, exclusion would be consistent with sound public policy and the purposes of this Ordinance.
   (4)   Supply. Sell, distribute, transfer, deliver or supply.