For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"ALTERNATIVE NICOTINE PRODUCTS." All products as defined under ILCS Ch. 720, Act 675, § 1.5(a), namely, any product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "ALTERNATIVE NICOTINE PRODUCT" does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this section; or any product 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 that approved purpose.
"ELECTRONIC CIGARETTE." Means and includes (1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) any solution or substance, whether or not it contains nicotine, intended for use in the device. Electronic cigarette also includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. "ELECTRONIC CIGARETTE" does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined in this section; any product 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 that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
"MULTI PRODUCTS RETAILER." Any retail establishment that sells tobacco products, alternative nicotine products and electronic cigarettes, and derives 80% or more of its gross revenue from the sale to the consumer or intended user of such products, but does not derive 80% or more of its gross revenue from either the sale of tobacco products, the sale of alternative nicotine products or the sale of electronic cigarettes, as the same are considered singly, shall be a multi products retailer.
"RETAIL ALTERNATIVE/ELECTRONIC STORE." A retail establishment that derives more than 80% of its gross revenue from the sales of alternative nicotine products and/or electronic cigarettes to the consumer or intended user and which devotes 80% or more of its retail sales area open to the general public to the retail sale or alternative nicotine products and/or electronic cigarettes, and in which the sale of any other products is merely incidental. A retail alternative/electronic store does not include any department or section of a larger commercial establishment or any establishment maintaining a business license for a business other than a retail alternative/electronic store, or which maintains any liquor license issued by the Village of Romeoville. Retail alternative/ electronic store excludes any establishment engaged solely in manufacturing, processing or wholesaling operations.
"RETAIL TOBACCO STORE." A retail establishment that derives more than 80% of its gross revenue from the sale to the consumer or intended user of tobacco products as herein defined and/or pipes, and other smoking devices for burning tobacco or other devices for otherwise consuming any form of tobacco and related smoking accessories, and which devotes 80% or more of its retail sales area open to the general public to the retail sale thereof, and in which the sale of other products is merely incidental. Retail tobacco store does not include a tobacco department or section of a larger commercial establishment or any establishment maintaining a business license for a business other than a retail tobacco store business, or which maintains any liquor license issued by the Village of Romeoville. Retail tobacco store excludes any establishment engaged solely in manufacturing, processing or wholesaling operations.
"TOBACCO PRODUCTS." Any substance containing nicotine, smoking herbs or tobacco leaf, or any other form of tobacco including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, together with any pipe or other device intended, held out or marketed for the purpose of smoking, burning or otherwise consuming any substance containing nicotine, smoking herbs, tobacco leaf or any other form of tobacco, to the exclusion of alternative nicotine products and electronic cigarettes as hereinabove defined.
(Ord. 22-1766, passed 3-16-22)