Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term SHALL means mandatory and the term MAY means permissive. The following terms shall have the definitions given to them:
CHILD RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 C.F.R. § 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in 16 C.F.R. § 1700.20.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products are following and complying with the requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products for education, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state and local laws, and regulations relating to tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. ELECTRONIC DELIVERY DEVICE shall include any component part of such a product whether or not sold separately. ELECTRONIC DELIVERY DEVICE shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for sale as a tobacco-cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco product wrapped individually for sale. INDIVIDUALLY WRAPPED TOBACCO AND TOBACCO PRODUCTS shall include, but not limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff, chewing tobacco, electronic delivery devices or nicotine or lobelia delivery devices. Cartons or other packaging containing more than a single pack or other container as described in this division shall not be considered INDIVIDUALLY PACKAGED.
INDOOR AREA. All the space between the floor and a ceiling that is bounded by walls, doorways or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door or physical barrier, whether temporary or permanent. A standard (0.01 gauge) window screen is not considered a wall.
LOOSIES. The common term used to refer to a single or individually packaged cigarette or cigar. The term LOOSIES does not include individual cigars with a retail price before any sales tax of more than $2 per cigar.
MINOR. Any natural person who has not yet reached the age of 21 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
NICOTINE OR LOBELIA DELIVERY PRODUCTS. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for such approved purpose.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not limited to, grocery stores, convenience stores, restaurants and drug stores that sell tobacco.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-MERCHANDISING. Open displays of tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products in any manner where any person shall have access to the tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products 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-related device, electronic delivery device or nicotine or lobelia delivery product between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
SMOKE or SMOKING. Inhaling or exhaling smoke from any instrumentality, including but not limited to any cigar, cigarette, pipe, hookah pipe or operating an electronic cigarette, or having in possession any such instrumentality producing smoke or engaging in any act that generates smoke. SMOKING shall include carrying a lighted or heated cigarette, cigar or pipe or any other lighted or heated tobacco or plant product intended for inhalation or carrying an electronic delivery device that is turned on or otherwise activated.
TOBACCO or TOBACCO PRODUCTS. Include cigarettes and any product containing, made or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any component, part or accessory of a tobacco product; including, but not limited to, cigarettes: cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
TOBACCO-RELATED DEVICES. Any pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products or the inhalation of vapor from an electronic delivery device. TOBACCO-RELATED DEVICES include accessories or components of tobacco-related devices, which may be marketed or sold separately.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco-related devices, electronic delivery devices or nicotine or lobelia delivery products upon the insertion of money, tokens, other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco-related device, electronic delivery device or nicotine or lobelia delivery product.
(2009 Code, § 504.03)