For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and electronic delivery devices are following and complying with the requirements of this Chapter. Compliance checks shall involve the use of persons at least 17 years of age, but under 21 years of age as authorized by this Chapter. Compliance checks shall also mean the use of persons at least 17 years of age, but under 21 years of age who attempt to purchase tobacco, tobacco products, tobacco-related devices, or electronic delivery devices for educational, research and training purposes as authorized by State laws. The age requirements for persons participating in compliance checks under this section shall not affect the age requirements in Federal law for persons participating in Federally required compliance checks.
ELECTRONIC DELIVERY DEVICES: Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices include, but are not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.
INDIVIDUALLY PACKAGED: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this Section shall not be considered "individually packaged".
LOOSIES: The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term loosies does not include individual cigars with a retail price, before any sales tax, of more than $2.00 per cigar.
MOVABLE PLACE OF BUSINESS: Shall refer to any form of business operated out of a truck, van, automobile, recreational vehicle or other type of vehicle or transportable shelter and not a fixed address, storefront or other permanent type of structure authorized for sales transactions.
RETAIL ESTABLISHMENT: Any place of business where tobacco, tobacco products, or tobacco related devices are available to the general public. "Retail establishments" shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
SALE: Any transfer of goods for money, trade, barter, or other consideration.
SELF-SERVICE MERCHANDISING: Open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. "Self-service merchandising" shall not include vending machines.
TOBACCO OR TOBACCO PRODUCTS: Any substance or item containing tobacco leaf, including, but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.
TOBACCO RELATED DEVICES: Any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking or other consumption, whether by inhalation aerosol or vapor, ingestion, or any other method of consumption of tobacco or tobacco products.
VENDING MACHINE: Any mechanical, electric, electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device.