As used in this section, the following terms shall have the
meanings indicated:
CHARACTERIZING FLAVOR
A taste or aroma, other than the taste or aroma of tobacco,
imparted by a tobacco product or any by-product produced by the tobacco
product, including, but not limited to, tastes or aromas relating
to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, menthol, mint, wintergreen, herb, or spice; provided, however,
that a tobacco product shall not be determined to have a characterizing
flavor solely because of the use of additives or flavorings or the
provision of ingredient information.
CIGAR
Any roll of tobacco, other than a cigarette, wrapped entirely
or in part in tobacco or any substance containing tobacco and weighing
more than three pounds per thousand.
[Added 5-20-2019 by Ord.
No. 2019-05]
CIGARETTE
a.
Any roll of tobacco wrapped in paper or in any substance not
containing tobacco; and
b.
Any roll of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in the
filler, or its packaging and labeling, is likely to be offered to,
or purchased by, consumers as a cigarette described herein.
[Added 5-20-2019 by Ord.
No. 2019-05]
CONSUMER
A person who purchases a tobacco product for consumption
and not for sale to another.
[Added 5-20-2019 by Ord.
No. 2019-05]
COUPON
Any voucher, rebate, card, paper, note, form, statement,
ticket, image, or other issue, whether in paper, digital, or other
form, used for commercial purposes to obtain an article, product,
service, or accommodation without charge or at a discounted price.
[Added 5-20-2019 by Ord.
No. 2019-05]
DEPARTMENT
The City of Albany Police Department or other City department
designated by the City Manager as responsible for administering and
enforcing this section.
FLAVORED TOBACCO PRODUCT
Any tobacco product that imparts a characterizing flavor.
This includes cigars, little cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, blunts, and electronic
cigarettes or electronic smoking devices containing nicotine.
FULL RETAIL PRICE
The price listed for a tobacco product on its packaging or
on any related shelving, advertising, or display where the tobacco
product is sold or offered for sale, plus all applicable taxes and
fees if such taxes and fees are not included in the listed price.
[Added 5-20-2019 by Ord.
No. 2019-05]
LABELING
Written, printed, or graphic matter upon any tobacco product
or any of its packaging, or accompanying such tobacco product.
LITTLE CIGAR
Any roll of tobacco, other than a cigarette, wrapped entirely
or in part in tobacco or any substance containing tobacco and weighing
no more than three pounds per thousand. "Little cigar" includes, but
is not limited to, tobacco products known or labeled as "small cigar,"
"little cigar," or "cigarillo."
[Added 5-20-2019 by Ord.
No. 2019-05]
MANUFACTURER
Any person, including any repacker or relabeler, who manufactures,
fabricates, assembles processes, or labels a tobacco product, or imports
a finished tobacco product for sale or distribution into the United
States.
PACKAGE OR PACKAGING
A pack, box, carton, or container of any kind or, if no other
container, any wrapping (including cellophane) in which a tobacco
product is sold or offered for sale to a consumer.
PROPRIETOR
A person with an ownership or managerial interest in a business.
An ownership interest shall be deemed to exist when a person has a
10% or greater interest in the stock, assets, or income of a business
other than the sole interest of security for debt. A managerial interest
shall be deemed to exist when a person can or does have or share ultimate
control over the day-to-day operations of a business.
SELF-SERVICE DISPLAY
The open display or storage of tobacco product or tobacco
paraphernalia in a manner that is physically accessible in any way
to the general public without the assistance of the retailer or employee
of the retailer and a direct person-to-person transfer between the
purchaser and the retailer or employee of the retailer. A vending
machine is a form of self-service display.
TOBACCO PARAPHERNALIA
Any item designed or marketed for the consumption, use or
preparation of tobacco products.
TOBACCO PRODUCT
a.
Any product containing, made, or derived from tobacco or nicotine
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, or snuff; and
b.
Any electronic device that delivers nicotine or other substances
to the person inhaling from the device, including, but not limited
to, an electronic cigarette, electronic cigar, electronic pipe, or
electronic hookah.
c.
Notwithstanding any provision of Subsections
a and
b to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
TOBACCO RETAILER
Any person who sells, offers for sale, or does or offers
to exchange for any form of consideration, tobacco, tobacco products,
or tobacco paraphernalia, or who distributes free or low-cost samples
of tobacco products or tobacco paraphernalia. "Tobacco retailing"
shall mean the doing of any of these things. This definition is without
regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia
sold, offered for sale, exchanged, or offered for exchange.
Application for a tobacco retailer's license shall be submitted
in the name of each proprietor proposing to conduct retail tobacco
sales and shall be signed by each proprietor or an authorized agent
thereof. All applications shall be submitted on a form supplied by
the Albany Police Department and shall contain the following information:
a. The name, address, and telephone number of each proprietor.
b. The business name, address, and telephone number of the single fixed
location for which a license is sought.
c. Such other information as the Department deems necessary for the
administration or enforcement of this section.
A tobacco retailer's license is nontransferable. In the event
a person to whom a license has been issued changes business location
or sells the business referenced in that person's license, that person
must apply for a new license prior to acting as a tobacco retailer
at the new location. The transferee of the licensee must apply for
a license in the transferee's name before acting as a tobacco retailer.
Any license issued pursuant to this section shall expire on the date
the previous license for the business or person would have expired.
The fee to issue or to renew a tobacco retailer's license shall
be established by resolution of the City Council. The fee shall reflect
the actual cost of processing the license, including inspection of
the tobacco retailer's business premises and implementation and enforcement
of the licensing program.
Each tobacco retailer license shall be prominently displayed
in a publicly visible location at the licensed location.
In addition to any other penalty authorized by law, if the Department
finds, based on substantial record evidence, that any person has engaged
in tobacco retailing at a location without a valid tobacco retailer's
license, either directly or through the person's agents or employees,
the person shall be ineligible to apply for or be issued a tobacco
retailing license for that location as follows:
a. After a first violation of this section at a location within any
sixty-month period, no new license may issue for the person at the
location until 30 days have passed from the date of the violation.
b. After a second violation of this section at a location within any
sixty-month period, no new license may issue for the person at the
location until 90 days have passed from the date of the violation.
c. After a third or subsequent violation of this section at a location
within any sixty-month period, no new license may issue for the person
at the location until five years have passed from the date of the
violation.