The purpose of this article is to prohibit the sale of tobacco
to minors. Buena Vista Township recognizes the dangers and health
risks associated with teenagers and young persons who start smoking,
as set forth in various studies conducted by the United States Department
of Health, the American Cancer Society and surveys conducted by other
entities. The Township has concluded that it is appropriate to prohibit
the sale of tobacco and nicotine delivery products within Buena Vista
Township to persons under the age of 21.
As used in this article, the following terms shall have the
meanings indicated:
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine or vapor,
including but not limited to what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including but
not limited to any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, and/or any other
legal entity.
PUBLIC OFFICER
The Buena Vista Township Code Enforcement Officer and/or
his or her authorized representative.
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and/or other personal use, including cigars,
chewing tobacco, pipe tobacco, snuff, and/or cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, and/or other tobacco products.
The purpose of this article is to license establishments that
sell electronic smoking devices. The funds collected by the licensing
of such establishments shall be used to fund the development and maintenance
of smoking cessation, prevention or other illegal drug control programs
as may be established and/or administered by the Board.
As used in this article, the following terms shall have the
meanings indicated:
ELECRONIC SMOKING DEVICE
An electronic or other powered device that can be used to
deliver nicotine or other substances to the person inhaling from the
device, including but not limited to, an electronic cigarette, cigar,
cigarillo or pipe, or any cartridge, refill or other component of
the device or related product, including but not limited to refills
such as liquids, gels, waxes and powders.
LICENSE YEAR
The time period covering January 1st through December 31st
of the year for which a license is issued pursuant to this article.
SALE
Every delivery of electronic smoking devices, whether the
same is by direct sale or the solicitation or acceptance of an order,
including the exchange, barter, traffic in, keeping and exposing for
sale, displaying for sale, delivering for value, peddling and possession
with intent to sell, distribute or give.