For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ACCESSORY TOBACCO SALES.” A retail establishment in which the sale of other non-tobacco-related and non-alternative-nicotine- related products is the primary function.
“ALTERNATIVE NICOTINE PRODUCT.” As defined in ILCS Ch. 720, Act 675, § 1.5, a 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 other means. “ALTERNATIVE NICOTINE PRODUCT” excludes cigarettes, smokeless tobacco, or other tobacco products and any product approved by the United States Food and Drug Administration as a non-tobacco product 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.
“TOBACCO PRODUCT.”
(1) Any product which contains, is made, or derived from tobacco or used to deliver nicotine or other substances intended for human consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, bidis, snus, mints, hand gels, Cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cutting, and sweepings of tobacco;
(2) Electronic smoking devices; and
(3) Notwithstanding any provision of divisions (1) and (2) to the contrary, “TOBACCO PRODUCT” includes any component, part, accessory, or associated tobacco paraphernalia of a tobacco product whether or not sold separately. Excluded from this definition is any product that contains marijuana and any products specifically approved by the U.S. Food and Drug Administration for use in reducing, treating, or eliminating nicotine or tobacco dependence or for other medical purposes when those products are being marketed and sold solely for such approved purpose.
“TOBACCO STORE.” A retail establishment the primary function of which is the sale of tobacco-related and/or alternative nicotine products, where the sale of other products is merely incidental.
“VENDING MACHINE.” Any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
(Ord. 96-0-057, passed 11-5-96; Am. Ord. 2024-O-026, passed 5-21-24)