Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term SHALL means mandatory and the term MAY means permissive. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) COMPLIANCE CHECKS. The system the county uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices and electronic delivery devices are following and complying with the requirements of state law through this chapter. COMPLIANCE CHECKS shall involve the use of minors or persons under the age of 21 as by authorized state law through this chapter. COMPLIANCE CHECKS shall also mean the use of minors or persons under the age of 21 who attempt to purchase tobacco, tobacco products, tobacco-related devices and electronic delivery devices for educational, research and training purposes as authorized by state and federal laws. COMPLIANCE CHECKS may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices and electronic delivery devices.
(B) 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 DEVICE includes, but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipes, 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 sold separately. ELECTRONIC DELIVERY DEVICE excludes 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.
(C) INDIVIDUALLY PACKAGED.
(1) 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 packaging or snuff or chewing tobacco.
(2) Cartons or other packaging containing more than a single pack or other container as described herein shall not be considered INDIVIDUALLY PACKAGED.
(D) LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.
(E) LOCATION. The building, room, rooms or other compact space or area where tobacco is sold at retail, as specified in the tobacco license application.
(F) LOOSIES. The common term used to refer to single or individually packaged cigars or cigarettes, or any other licensed product that has been removed from its intended retail packaging and offered for sale. LOOSIES does not include individual cigars with a retail price, after any discounts are applied and before any sales taxes are imposed, of at least $2.50 per cigar.
(G) MINOR. Any natural person who has not yet reached the age of 18 years.
(H) MOVEABLE 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 other permanent type of structure authorized for sales transactions.
(I) RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco-related devices and electronic delivery devices are available for sale to the general public. RETAIL ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores and restaurants.
(J) SALE. Any transfer of goods for money, trade, barter or other consideration.
(K) SELF-SERVICE. Open displays of tobacco, tobacco products, tobacco-related devices and electronic delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices and electronic delivery devices, without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco products, tobacco-related devices and electronic delivery devices between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING shall not include vending machines.
(L) TOBACCO or TOBACCO PRODUCTS. Cigarettes and any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, 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, blunts; cigars; cheroots; stogies; perigue; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco. TOBACCO excludes any 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.
(M) TOBACCO-RELATED DEVICES. Any tobacco product as well as pipe, electronic delivery device, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco product. TOBACCO-RELATED DEVICES includes components of tobacco-related devices that may be marketed or sold separately.
(N) TOBACCO PRODUCTS SHOP. A retail establishment with an entrance door opening directly to the outside, or into a common building area, that derives at least 25% of its gross revenue from the sale of tobacco products, tobacco-related devices, loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories. TOBACCO PRODUCTS SHOP does not include a tobacco department or section of any individual business establishment with any type of food, restaurant, or on-sale liquor license, provided the sale of tobacco or tobacco products does not exceed 25% of gross revenue.
(O) VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, tobacco-related devices and electronic delivery devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco products, tobacco-related devices and electronic delivery devices.
(P) YOUTH-ORIENTED FACILITY. Any facility with residents, customers, visitors, or inhabitants of which 25% or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. YOUTH-ORIENTED FACILITY includes, but is not limited to, childcare providers and facilities, schools, playgrounds, recreation centers, and parks.
(Ord. 13-02, passed 10-8-2013; Ord. 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021)