[R.O. 2011 § 215.1350; Ord. No. 10-62 § 1, 4-13-2010]
For the purpose of this Division,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense,
spice or any blend thereof, which includes any one (1) or more of
the follow chemicals:
1.
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol
(also known as CP47, 497) and homologues;
2.
(6As, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydro benzo[c]chromen-1-ol)(also known as HU-211 or
Dexanabinol);
3.
1-Pentyl-3-(1-naphthoyl) indole (also
known as JWH-018); or
4.
Butyl-3-(1-naphthoyl) indole (also
known as JWH-073);
regardless of whether the substance
is marketed for the purpose of being smoked.
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PERSON
An individual, corporation, partnership, entity, wholesaler,
retailer or any licensed or unlicensed business.
[R.O. 2011 § 215.1355; Ord. No. 10-62 § 1, 4-13-2010]
It shall be unlawful for any person
to sell, offer to sell, gift or publicly display for sale any illegal
smoking product.
[R.O. 2011 § 215.1360; Ord. No. 10-62 § 1, 4-13-2010]
It shall be unlawful for any person
to knowingly possess any illegal smoking product.
[R.O. 2011 § 215.1365; Ord. No. 10-62 § 1, 4-13-2010]
Any person violating Section
215.1355 or
215.1360 of the Code of Ordinances of the City of St. Charles shall be guilty of an ordinance violation and subject to the penalty set forth in Section
215.1405(A). A separate offense shall be deemed committed for each sale, offer to sell, gift or public display for sale. Any person violating Section
215.1355 or
215.1360 a second or subsequent time shall be guilty of an ordinance violation and upon a plea of guilty or a finding of guilt shall be subject to a sentence of no less than a fine of five hundred dollars ($500.00).