For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the Police Department uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this chapter and state law. COMPLIANCE CHECKS shall involve the use of persons at least 17 years old, but less than 21 as authorized by state law who may attempt to purchase licensed products for educational, research and training purposes. The age requirements for persons participating
in compliance checks under this section shall not affect the age requirements in federal law for persons participating in federally required compliance checks.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery devices include, but are not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packing of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack, or other container as described in this definition, shall not be considered INDIVIDUALLY PACKAGED.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes a retractable divider, garage door, or other physical barrier, whether temporary or permanent.
LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco product, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term LOOSIES does not include individual cigars with a retail price, before any sales tax, of more than $2 per cigar.
MINOR. Any person under 18 years of age.
MOVABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or otherwise permanent type of structure.
RETAIL ESTABLISHMENT. Any place of business that is a permanent building or structure where licensed products are available for sale to the public. RETAIL ESTABLISHMENTS includes, but is not limited to, grocery stores, bars, drug stores, convenience stores, gasoline service stations and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SERVICE DISPLAY. Open displays of licensed products in any manner where a person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employees. SELF-SERVICE DISPLAY does not include vending machines.
SPECIALTY TOBACCO RETAILER(S). A retail establishment with an entrance door opening directly to the outside that derives at least 50% of its gross revenue from the sale of tobacco products, tobacco related devices or electronic delivery devices and in which the sale of other products is merely incidental. SPECIALTY TOBACCO RETAILER does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.
TOBACCO OR TOBACCO PRODUCTS. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, 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; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. TOBACCO OR TOBACCO PRODUCTS excludes any tobacco product that has been 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 such an approved purpose.
TOBACCO-RELATED DEVICE. Any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or other consumption, whether by inhalation aerosol or vapor, ingestion, or any other method of consumption, of tobacco or tobacco products. TOBACCO-RELATED DEVICE includes components of tobacco-related devices which may be marketed or sold separately.
VENDING MACHINE. Any mechanical, electric, electronic or other type of device that upon the insertion of money, tokens or other form of payment dispenses licensed products.
(2001 Code, § 1190.03) (Ord. 10-18, passed - -; Ord. 19-15, passed 10-14-2019; Ord. 20-008, passed 7-27- 2020; Ord. 21-015, passed 11-8-2021)