The following words and phrases, whenever used in this article, shall be construed as defined in this section unless in context it appears that a different meaning is intended:
Department means any department of the City of Tucson that the city manager designates as responsible for the administration and/or enforcement of this article, including, but not limited to, the City of Tucson business services department.
Electronic smoking device means a device that can be used to deliver aerosolized or vaporized nicotine to a person who inhales from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah, and any component, part, or accessory of such a device, whether or not sold separately.
License means a license required for operating a tobacco retail establishment under section 7-428(A) of this code.
Smoke shop means any establishment in which the area used for sales or display of tobacco products consists of fifteen (15) percent or more of the total sales area of the space.
Tobacco product means:
(1) any product made or derived from tobacco or that contains nicotine 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 cigarettes, cigars, pipe tobacco, chewing tobacco, shisha, snuff, snus, and liquid nicotine solution; and
(2) any component, accessory, instrument, or paraphernalia that is used in the consumption of a tobacco product or that is solely designed for the smoking or ingesting of tobacco or shisha, including a hookah, water pipe, filter, rolling papers, pipe, or electronic smoking device; except that:
(3) the term "tobacco product" does not include drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Tobacco retail establishment means any place of business where tobacco products are available for sale directly to consumers. The term includes, but is not limited to grocery stores, tobacco product shops, kiosks, convenience stores, gasoline service stations, and other businesses where tobacco products are sold directly to customers.
Tobacco retailer means any person, partnership, joint venture, society, club, trustee, trust, organization, association, or corporation who owns, operates, or manages any tobacco retail establishment. Tobacco retailer does not mean the non-management employees of any tobacco retail establishment.
(Ord. No. 11703, § 2, 10-22-19; Ord. No. 12057, § 4, 11-14-23)