§ 9-639. Flavored Tobacco Products. 965

   (1)   Definitions. For purposes of this Section, the following terms shall have the following meanings:

      Characterizing Flavor. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, any taste or aroma relating to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, herb, or spice; provided, however, that a Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.

      Flavored Cigar. Any item rolled for smoking containing tobacco, including cigars and cigarillos, that imparts a Characterizing Flavor, except any cigarette subject to the tax authorized by Section 19-1807.

      Flavored Roll-Your-Own Tobacco. Any Tobacco Product that imparts a Characterizing Flavor and that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for rolling and smoking.

      Tobacco Product. As defined in subsection 9-631(1) of this Code.

      Tobacco Products Distribution Business. An establishment that prohibits minors from entering; provides neither food nor beverage to customers; and derives ninety percent (90%) or more of gross sales on an annual basis from Tobacco Products and accessories used in the consumption of Tobacco Products, including from sales via the internet which are delivered only upon verification of identity and age.

   (2)   Sale of Flavored Tobacco Products Prohibited. It shall be a violation of this Section for any person to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored Cigar or Flavored Roll-Your-Own Tobacco.

   (3)   Exception. Subsection 9-639(2) shall not apply to any Tobacco Products Distribution Business.

   (4)   Enforcement.

      (a)   A violation of this Section shall be a Class III offense. Each day a violation continues shall constitute a separate offense. The amount required to be remitted in response to a notice of violation of this Section pursuant to Section 1-112 shall be two hundred fifty dollars ($250).

      (b)   Any person applying for or renewing a Tobacco Retailer Permit pursuant to Section 9-631 shall be denied such permit if the person has violated Section 9-639(2) two or more times within the preceding twenty-four (24) months.

 

Notes

965	Added, Bill No. 180457 (approved December 18, 2019). Enrolled bill numbered this as Section 9-637; renumbered by Code editor.