605.06   DEFINITIONS.
   For the purpose of construction and application of this Chapter, the following definitions shall apply.
   (a)   A “minor”  means any individual who is less than 18 years of age.
   (b)   The “person who sells tobacco products at retail” means a person whose ordinary course of business consists, in whole or in part, the retail sale of tobacco and tobacco products subject to state sales tax.
   (c)   “Person who sells vapor products at retail” means a person whose ordinary course of business consists, in whole or in part, the retail sale of vapor products subject to state sales tax.
   (d)   “Possession of tobacco products” shall mean either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.
   (e)   “Public place” means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or premises, or in a public place of business and includes schools, whether charter, private or publically funded.
   (f)   “Tobacco product” means a product that contains tobacco and is intended for human consumption, including but not limited to, cigarettes, non-cigarette smoking tobacco or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, and cigars. “Tobacco product” does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration.
   (g)   “Use of a tobacco product or vapor product” means to smoke, chew, suck, inhale, or otherwise consume a tobacco products or vapor product.
   (h)   “Vapor product” means a non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, a mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. “Vapor product” includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.  A “vapor product” does not include a product regulated as a drug or device by the United State Food and Drug Administration.
(Ord. 007-2018.  Passed 1-22-19.)