[Ord. No. 361, 4-8-2019]
For purposes of this Article, the following definitions shall
apply:
ALTERNATIVE NICOTINE PRODUCT
Any non-combustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved or ingested
by any other means. Alternative nicotine product does not include
any vapor product, tobacco product or any product regulated as a drug
or device by the United States Food and Drug Administration under
Chapter V of the Food, Drug and Cosmetic Act.
DISTRIBUTE
A conveyance to the public by sale, barter, gift or sample.
PROOF OF AGE
A driver's license or other government-issued photographic
identification that contains a picture of the individual and appears
on its face to be valid.
SAMPLE
A tobacco product, alternative nicotine product or vapor
product distributed to members of the general public at no cost or
at nominal cost for product promotional purposes.
SAMPLING
The distribution to members of the general public of tobacco
product, alternative nicotine product or vapor product samples.
TOBACCO PRODUCTS
Any substance containing or derived from tobacco leaf, including,
but not limited to, cigarettes, cigars, pipe tobacco, snuff, snus,
chewing tobacco or dipping tobacco, but does not include alternative
nicotine products or vapor products. Tobacco or tobacco product also
means any component or accessory used in the consumption of tobacco
products, whether or not they contain tobacco or nicotine, including,
but not limited to, filters, cartridges, pods, pens, rolling papers,
blunt or hemp wraps, or pipes. Tobacco or tobacco product does not
include drugs, devices, or combination products authorized for sale
as a cessation product approved by the United States Food and Drug
Administration, as those terms are defined in the Federal Food, Drug
and Cosmetic Act.
TOBACCO RETAILER
Any individual, firm, partnership, joint venture, association,
joint stock company, corporation, unincorporated business entity,
or any other group or combination acting as a unit that owns or operates,
any manufacturer, producer, distributor, supplier, wholesaler or retailer
of tobacco products, alternative nicotine products, or vapor products.
Tobacco retailer does not mean the employees of an owner or operator
of any manufacturer, producer, distributor, supplier, wholesaler or
retailer of tobacco products.
TOBACCO RETAILER LICENSE
The license issued pursuant to this Article that authorizes
the sale or exchange of tobacco products, tobacco product paraphernalia,
alternative nicotine products or vapor products at a certain fixed
location by a certain tobacco retailer.
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit or other electronic,
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe or similar product or device
and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. Vapor product does not include any alternative
nicotine product or tobacco product.
VENDING MACHINE
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products, alternative nicotine products or vapor
products.
[Ord. No. 361, 4-8-2019]
Upon the receipt of a complete application for a tobacco retailer
license, the City Administrator shall issue a license upon a finding
that the requirements of this Article have been met. The provision
of incomplete, inaccurate, false or misleading information shall be
grounds for denial or revocation. In the case of a renewal, failure
to operate the business in accordance with the requirements of this
Article shall be grounds for denial or revocation.