For the purposes of this article, the following words and phrases
shall have the following meanings:
ADULT-ONLY FACILITY
A facility or restricted area (whether open-air or enclosed)
where the operator ensures or has a reasonable basis to believe (such
as by checking identification as required under state law, or by checking
the identification of any person appearing to be under the age of
30) that no person under legal age is present. A facility or restricted
area need not be permanently restricted to persons under 21 years
of age to constitute an adult-only facility, provided that the operator
ensures or has a reasonable basis to believe that no person under
21 years of age is present during the event or time period in question.
AGE-RESTRICTED AREA
A signed designated area in a retail establishment to which
persons under 21 years of age are not permitted access unless accompanied
by a parent or legal guardian.
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 does not include
cigarettes as defined in § 1 of the Cigarette Tax Act and tobacco products as defined in § 10-5 of
the Tobacco Products Tax Act of 1995; tobacco product and electronic cigarette as defined in
this section; or any product approved by the United States Food and
Drug Administration for sale as a tobacco-cessation product, as a
tobacco-dependence product, or for other medical purposes, and being
marketed and sold solely for that approved purpose.
ELECTRONIC CIGARETTE
(A)
Any device that employs a battery or other mechanism to heat
a solution or substance to produce a vapor or aerosol intended for
inhalation;
(B)
Any cartridge or container of a solution or substance intended
to be used with or in the device or to refill the device; or
(C)
Any solution or substance, whether or not it contains nicotine
intended for use in the device.
(D)
Electronic cigarette includes, but is not limited to, any electronic
nicotine delivery system, electronic cigar, electronic cigarillo,
electronic pipe, electronic hookah, vape pen, or similar product or
device, and any components or parts that can be used to build the
product or device.
(E)
Electronic cigarette does not include cigarettes as defined
in § 1 of the Cigarette Tax Act and tobacco products as defined in § 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine product as defined
in this section; any product approved by the United States Food and
Drug Administration for sale as a tobacco-cessation product, as a
tobacco-dependence product, or for other medical purposes, and being
marketed and sold solely for that approved purpose; any asthma inhaler
prescribed by a physician for that condition and being marketed and
sold solely for that approved purpose; or any therapeutic product
approved for use under the Compassionate Use of Medical Cannabis Pilot
Program Act.
LUNCH WAGON
A mobile vehicle designed and constructed to transport food
and from which food is sold to the general public.
NICOTINE
Any form of the chemical nicotine, including any salt or
complex, regardless of whether the chemical is naturally or synthetically
derived.
OPERATOR
Any person, firm, corporation, partnership, or association
who establishes for operation by another, or leases or distributes
for the purpose of operation for another, any device or machine for
the vending of tobacco products, electronic cigarettes, alternative
nicotine products, tobacco accessories or smoking herbs, whether or
not such establishment for operation, leasing or distribution be for
a fixed charge or rental, or on the basis of the division of the income
obtained from said machine.
OWNER
An operator who has acquired possession and control of a
vending machine by purchase, lease or otherwise.
SMOKING HERBS
All substances of plant origin and their derivatives, including
but not limited to broom, calea, California poppy, damiana, hops,
ginseng, lobelia, jimson weed and other members of the Datura genus,
passion flower and wild lettuce, which are processed or sold primarily
for use as smoking materials.
TOBACCO ACCESSORIES
Cigarette papers, pipes, holders of smoking materials of
all types, cigarette-rolling machines, and other items, designed primarily
for the smoking or ingestion of tobacco products or of substances
made illegal under any statute or of substances whose sale, gift,
barter, or exchange is made unlawful hereunder.
TOBACCO DEALER
Any person, at wholesale or retail, selling, offering for
sale, furnishing or offering to furnish, tobacco products, electronic
cigarettes, alternative nicotine products, tobacco accessories or
smoking herbs. Tobacco dealers include operators of vending machines.
TOBACCO PRODUCT
Any product containing or made from tobacco that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means, including,
but not limited to, cigarettes, cigars, little cigars, chewing tobacco,
pipe tobacco, snuff, snus, and any other smokeless tobacco product
which contains tobacco that is finely cut, ground, powdered, or leaf
and intended to be placed in the oral cavity. Tobacco product includes
any component, part, or accessory of a tobacco product, whether or
not sold separately. Tobacco product does not include an electronic
cigarette and alternative nicotine product as defined in this section;
or any product that has been approved by the United States Food and
Drug Administration 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.
No person shall engage in the business of tobacco dealer in the City without first having obtained a tobacco dealer license. The annual license fee shall be $50. The licensee shall pay an additional fee based upon the square footage of the business premises as prescribed by §
11.16. Such license shall be in addition to any other license required by this Code, including a vending machine license.
Unless otherwise expressly permitted by state law, no person
under 21 years of age shall buy, purchase, or possess any tobacco
product, electronic cigarette, alternative nicotine product, tobacco
accessory or smoking herb.
It shall be unlawful for any person to sell or offer any tobacco
product, electronic cigarette, alternative nicotine product, tobacco
accessory or smoking herb within 100 feet of any school, child-care
facility or other building used for education or recreational programs
for persons under the age of 18 years.
No tobacco product, electronic cigarette, alternative nicotine
product, tobacco accessory or smoking herb may be sold through a vending
machine except if such tobacco product, electronic cigarette, alternative
nicotine product, tobacco accessory or smoking herb is not placed
together with any nontobacco product, other than matches, and only
if the vending machine is in any of the following locations:
(A) Places to which persons under 21 years of age are not permitted access
at any time; or
(B) Places where alcoholic beverages are sold and consumed on the premises,
and vending machine operation is under the direct supervision of the
owner or manager.