[Ord. No. 13-06, 3-12-2013, eff. 4-1-2013]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, except in those instances where the context clearly indicates a different meaning:
The Chief Operating Officer of the Northern Virginia Cigarette Tax Board (NVCTB) appointed on a yearly basis by the representatives of member jurisdictions of the NVCTB.
Any container, regardless of material used in its construction, in which 10 packages of cigarettes are placed.
Any roll of any size or shape for smoking, whether filtered or unfiltered, with or without a mouthpiece, made wholly or partly of cut, shredded or crimped tobacco or other plant or substitute for tobacco, whether the same is flavored, adulterated or mixed with another ingredient, if the wrapper or cover is made of any material other than leaf tobacco or homogenized leaf tobacco, regardless of whether the roll is labeled or sold as a cigarette or by any other name.
Any individual, partnership or corporation engaged in the sale of packages of cigarettes from vending machines.
City of Fredericksburg, Virginia.
A cigarette tax stamp issued by the Virginia Department of Taxation to indicate the payment of both the state tax and the tax of the various member jurisdictions of the Northern Virginia Cigarette Tax Board (NVCTB).
The Northern Virginia Cigarette Tax Board.
Any container, regardless of the material used in its construction in which separate cigarettes are placed without such cigarettes being placed into any container within the package. Packages are those containers of cigarettes from which individual cigarettes are ordinarily taken when they are consumed by their ultimate user. Ordinarily a package contains 20 cigarettes; however, the term "package" includes those containers in which fewer or more than 20 cigarettes are placed.
Any individual, firm, unincorporated association, company, corporation, joint stock company, group, agency, syndicate, trust or trustee, receiver, fiduciary, partnership and conservator. The word "person" as applied to a partnership, unincorporated association or other joint venture means the partners or members thereof, and as applied to a corporation, shall include all the officers and Directors thereof.
Any place where cigarettes are sold, placed, stored, offered for sale or displayed for sale or where cigarettes are brought or kept for the purpose of sale, consumption or distribution, including vending machines, by a dealer within the City.
Every person liable for the tax who sells, uses, stores, possess, distributes or transports cigarettes within or into the City who shall be required to report and collect the tax on cigarettes under the provisions of this article.
Every person who, in the usual course of business, purchases or receives cigarettes from any source whatsoever for the purpose of sale within the City to the ultimate consumer; or any person who, in the usual course of business, owns, leases or otherwise operates within his own place of business, one or more cigarette vending machines for the purpose of sale of cigarettes within the City to the ultimate consumer; or any person who, in any manner, buys, sells, stores, transfers or deals in cigarettes for the purpose of sale within the City to the ultimate consumer, who is or is not licensed as a wholesaler and/or vending machine operator.
Every act or transaction, regardless of the method or means employed, including barter, exchange or the use of vending machines or other mechanical devices or a criminal or tortious act whereby either ownership or possession, or both, of any cigarettes shall be transferred within the City from a retail dealer as herein defined to any other person for any consideration.
The keeping or retention of cigarettes in this City for any purpose except sale in the regular course of business or subsequent use solely outside this City.
Any authorized stamp, decal or sticker used to evidence provision for payment of the tax as authorized by the NVCTB, required to be affixed to every package of cigarettes sold, distributed, or used within the City.
The exercise of any right or power over any cigarettes or packages of cigarettes incident to the ownership or possession of those cigarettes including any transaction where possession is given or received or otherwise transferred, other than a sale.
Any person who exercises any right or power over any cigarettes or packages of cigarettes subject to the provisions of this article incident to the ownership or possession of those cigarettes or packages of cigarettes or any transaction where possession is given or received or otherwise transferred, other than a sale.
Includes persons who sell cigarettes at wholesale only to retail dealers for the purpose of resale only, or who sell at wholesale to institutional, commercial or industrial users. The phrase shall also include chain store distribution centers or houses which distribute cigarettes to their stores for sale at retail.