As used in this Chapter:
(a) "District" means the Clark County Combined Health District and its authorized employees, agents, or representatives.
(b) "Board" means the Board of Health for Clark County, Ohio.
(c) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(d) "Applicant" means a person, corporation, Limited Liability Company ("LLC"), association, partnership, or other legal entity that applies for, or has applied for, a retail tobacco and paraphernalia sales license.
(e) "Licensee" means a person, corporation, LLC, association, partnership, or other legal entity that applied for and was issued a retail tobacco and paraphernalia sales license.
(f) "Paraphernalia" means any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of nicotine to include, but not limited to, pipes and rolling papers. This does not include any nicotine cessation or replacement therapy products including, but not limited to, gum, patches, and lozenges.
(g) "Retailer" means a person, corporation, LLC, association, partnership, or other legal entity that engages in selling, offering for sale, giving, or otherwise distributing, tobacco products and/or paraphernalia.
(h) "Retail Paraphernalia Sales" means the act of giving, selling, offering for sale, or otherwise distributing paraphernalia in a retail setting including, but not limited to, gas stations, convenience stores, carry-out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops, and hookah bars.
(i) "Retail Tobacco Sales" means the act of giving, selling, offering for sale, or otherwise distributing tobacco products in a retail setting including, but not limited to, gas stations, convenience stores, carry-out markets, groceries, supermarkets, retail warehouse clubs, drug stores, vape shops, and hookah bars.
(j) "Tobacco Product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The term also includes, but is not limited to, an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(k) "Underage Buy Attempt" means a person, authorized by the District, who, while under the age of twenty-one (21), requests tobacco products or paraphernalia from a retailer or licensee for purchase or otherwise.
(l) "Agent" means any person who is completing the transaction of selling, giving, or otherwise distributing tobacco products and/or paraphernalia.
(m) "Person" includes individual persons as well as corporations, LLCs, associations, partnerships, retailers, and other legal entities regardless if referred to in the singular or plural.
(n) "Retail Tobacco and Paraphernalia Sales License" or "License" is a written certificate or permit issued by the Board and granting permission to the licensee to engage in Retail Tobacco Sales and Retail Paraphernalia Sales, and that without such valid license is illegal to engage in.
(o) "Vending Machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin, bill, token, or credit card including, but not limited to, a card, code, device, or other means of access to a customer's account, made for that purpose.
(2) In return for the insertion or deposit of a coin, bill, token, or credit card, automatically dispense property, provide a service, or grant a license.
(p) "Referee or examiner" is a person appointed by the Board to hear appeals in accordance with this Chapter and who is admitted to the practice of law in the State of Ohio, is in good standing with the Supreme Court of Ohio, and is possessed of such additional qualifications as the Board may require.