For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERNATIVE NICOTINE PRODUCT. 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 any 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.
   LICENSEE. The person or persons named in the retail tobacco product license and shall include all officers, partners, agents or employees.
   PREMISES. The area under the control of the licensee and used in the conducting of business for which the license to sell tobacco products is being issued. The areas include but not restricted to are: the area described in the application where tobacco products are sold, parking lots, beer gardens and those areas internally connected thereto by a doorway which areas are integrally related to the operation of the licensed establishment.
   RETAIL SALE. The sale for use or consumption and not for resale in any form.
   SALE or TO SELL. 
      (1)   Any transfer or exchange in any manner or by any means whatsoever for direct or indirect consideration, and including all sales made by any person, whether as principal, proprietor, agent, servant or employee, and includes, but is not limited to, all of the following acts:
         (a)   The selling of tobacco products or alternative nicotine products;
         (b)   The giving away of tobacco products or alternative nicotine products; and
         (c)   The dispensing of tobacco products by a vending machine.
      (2)   Nothing in this chapter, however, shall prevent the possession and transportation of tobacco products by the possessor for the personal use of the possessor, his or her family and guests, so long as otherwise in compliance with state law, as it is amended from time to time.
   TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
   VENDING MACHINE. Any mechanical, electric or electronic, self-service device, which must be housed indoors and, which upon insertion of money, tokens or any other form of payment, dispenses tobacco products or alternative nicotine products.
(1980 Code, § 120.01) (Ord. 09-181, adopted 6-18-2009; Ord. 19-186, adopted 8-15-2019)