As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY
A.
Any product that is intended or reasonably expected to be used
with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following:
(1)
Is not intended or reasonably expected to affect or alter the
performance, composition, constituents, or characteristics of a tobacco
product or electronic aerosol delivery system; or
(2)
Is intended or reasonably expected to affect or maintain the
performance, composition, constituents, or characteristics of a tobacco
product or electronic aerosol delivery system but:
(a)
Solely controls moisture and/or temperature of a stored tobacco
product or electronic aerosol delivery system; or
(b)
Solely provided an external heat source to initiate but not
maintain combustion of a tobacco product. "Accessory" includes, but
is not limited to, carrying cases, lanyards and holsters.
APPLICANT
An individual, partnership, limited-liability company, corporation,
or other business entity seeking a tobacco retail license.
COMPONENT OR PART
Any software or assembly of materials intended or reasonably
expected: (1) to alter or affect the tobacco product's or electronic
aerosol delivery system's performance, composition, constituents,
or characteristics; or (2) to be used with or for the human consumption
of a tobacco product or electronic aerosol delivery system. "Component
or part" excludes anything that is an accessory, and includes, but
is not limited to, e-liquids, cartridges, certain batteries, heating
coils, programmable software, rolling papers and flavorings for tobacco
products or electronic aerosol delivery systems.
COUPON
Any card, paper, note, form, statement, ticket, voucher,
image or other article, whether in paper, digital or any other format,
distributed for commercial purposes to be later surrendered, displayed,
or scanned by the bearer so as to receive an item without charge or
at a discount.
DEPARTMENT
The Town of Salina Office of Planning and Development.
ELECTRONIC AEROSOL DELIVERY SYSTEM
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not the aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part
but not accessory, and any liquid or other substance to aerosolized,
whether or not separately sold. "Electronic aerosol delivery system"
does not include drugs, devices, or combination products authorized
for sale by the state or U.S. Food and Drug Administration, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act.
LISTED OR NONDISCOUNTED PRICE
The highest displayed price, before the application of any
discounts, of a tobacco product or electronic aerosol delivery system,
at the place where the tobacco products or electronic aerosol delivery
systems are sold or offered for sale, plus all applicable taxes if
not included in the displayed price.
PERSON
Any natural person, company, corporation, form, partnership,
business, organization, or other legal entity.
PRICE CHARGED
The price actually paid by the consumer for a tobacco product
or electronic aerosol delivery system.
RENEWED TOBACCO RETAIL LICENSE
A tobacco retail license issued to an applicant for the same
location at which the applicant possessed a valid tobacco retail license
during the previous year.
SCHOOL
A public or private kindergarten, elementary, middle, junior
high, or high school.
TOBACCO PRODUCT
Any product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption. "Tobacco
product" includes any component or part, but not accessory. "Tobacco
product" does not include drugs, devices, or combination products
authorized for sale by the state or U.S. Food and Drug Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act.
TOBACCO RETAIL LICENSE
A license issued by the Department to a person to engage
in the retail sale of tobacco products, electronic aerosol delivery
systems, or any other product regulated by Article 13-F of the New
York State Public Health Law in Salina.
A tobacco retailer must display the listed or nondiscounted
price of tobacco products and electronic aerosol delivery systems
on each package or on easy-to-read shelf tags, or signs, located directly
above or below or immediately adjacent to each tobacco product or
electronic aerosol delivery system in accordance with New York Agriculture
and Markets Law § 97-b(3)(a).
No tobacco retailer, or any employee or agent of same, shall:
A. Accept or redeem any coupon that reduces the price charged of tobacco
products or electronic aerosol delivery systems below the listed or
nondiscounted price;
B. Accept or redeem any coupon that permits the sale of tobacco products
or electronic aerosol delivery systems to consumers through multipack
discounts (e.g., the sale of three packages for less than the combined
price of each package), or otherwise allow consumers to purchase any
tobacco product, electronic aerosol delivery system or combination
of tobacco products or electronic aerosol delivery systems for less
than sum of the listed or nondiscounted price for each product; or
C. Sell, offer for sale, or otherwise provide any product other than
a tobacco product or electronic aerosol delivery system to a consumer
for less than the product's listed price in exchange for the
purchase of a tobacco product or electronic aerosol delivery system
by the consumer.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this chapter.