The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any sole proprietorship, joint venture, partnership, corporation,
limited liability company, or other entity formed for profit making
or nonprofit purposes, including but not limited to retail establishments
where goods or services are sold or offered for sale.
Any property which is owned by the city, and includes, but
is not limited to, city community buildings and concession stands,
city office and administration buildings, city vehicles, and city
utility buildings.
Any electronic or mechanical device that uses a heating element
designed or intended to vaporize, or is capable of vaporizing, a liquid
solution containing nicotine. The term includes electronic devices
that employ an atomizer or heating element and battery as well as
mechanical vaporizers, and is inclusive of any version or type of
such devices whether manufactured or marketed as e-cigarettes, e-cigars,
e-pipes, electronic vaping device, mechanical PV’s, electronic
nicotine delivery system, or other device under any other product
name or description.
Any liquid product composed either in whole or in part of
nicotine and propylene glycol and/or any other substance and manufactured
for use with electronic cigarettes.
A person younger than eighteen (18) years of age.
In the context of the retail sale of electronic cigarettes
and liquid nicotine, means any device, furniture, or furnishing within
or upon which electronic cigarettes, liquid nicotine, or paraphernalia
associated with electronic cigarettes are displayed to customers,
and includes, but not limited to, any case, rack, shelf, counter,
table, desk, kiosk, booth, stand, or other surface.
Any device, equipment, article or other thing designed, intended
or used for the storage, consumption, inhalation or ingestion of liquid
nicotine using an electronic cigarette.
Any natural person, individual, sole proprietor, partnership,
cooperative association, corporation, limited liability company, personal
representative, receiver, trustee, assignee, or other legal entity.
The term includes employees, agents and representatives of businesses
and retailers.
Any person or business that operates a store, stand, booth,
concession, or other place at which sales of electronic cigarettes,
liquid nicotine, or paraphernalia associated with electronic cigarettes
are made to purchasers for consumption or use.
In the context of the retail sale of electronic cigarettes,
liquid nicotine, or paraphernalia associated with electronic cigarettes,
means the open display of electronic cigarettes, liquid nicotine,
and paraphernalia associated with electronic cigarettes, whether packaged
or otherwise, for direct retail customer access and handling without
the intervention or assistance of the retailer or the retailer’s
owner, employee, or agent.
A cigar;
Smoking tobacco, including granulated, plug cut, crimp-cut,
ready-rubbed, and any form of tobacco suitable for smoking in a pipe
or as a cigarette;
Chewing tobacco, including Cavendish, twist, plug, scrap, and
any kind of tobacco suitable for chewing;
Snuff or other preparations of pulverized tobacco; or
An article or product that is made of tobacco or a tobacco substitute
not otherwise defined in this article and that is not a cigarette.
(Ordinance 14-0714-02 adopted 7/14/14)
(a)
Designated areas.
The city administrator shall designate
areas in the exterior areas of the city’s office, administration
and utility buildings to reasonably accommodate the interests of tobacco
product users.
(Ordinance 14-0714-02 adopted 7/14/14)
(a)
A
minor commits an offense if the minor uses, possesses, purchases or
attempts to purchase an electronic cigarette, liquid nicotine, or
paraphernalia associated with electronic cigarettes.
(b)
A
minor commits an offense if the minor falsely represents himself or
herself to be eighteen (18) years of age or older for the purpose
of purchasing or receiving an electronic cigarette, liquid nicotine,
or paraphernalia associated with electronic cigarettes.
(Ordinance 14-0714-02 adopted 7/14/14)
No person, business, retailer, or other establishment shall
sell or convey, offer for sale or cause or allow to be sold or conveyed
to a minor, an electronic cigarette, liquid nicotine, or paraphernalia
associated with electronic cigarettes.
(Ordinance 14-0714-02 adopted 7/14/14)
(a)
No
person, business, retailer, or other establishment engaged in the
sale or distribution of electronic cigarettes, liquid nicotine or
paraphernalia associated with electronic cigarettes shall display,
sell or convey, offer for sale, or cause or allow to be sold or conveyed
electronic cigarettes, liquid nicotine, or paraphernalia associated
with electronic cigarettes within the city by means of self-servicing
merchandising which allows a purchase of electronic cigarettes, liquid
nicotine, or paraphernalia associated with electronic cigarettes without
verification of the age of the purchaser.
(b)
No
person, business, retailer, or other establishment engaged in the
retail sale of electronic cigarettes, liquid nicotine or paraphernalia
associated with electronic cigarettes shall place electronic cigarettes,
liquid nicotine, or paraphernalia associated with electronic cigarettes
in an open display unit unless the unit is located in an area that
is inaccessible to minors.
(Ordinance 14-0714-02 adopted 7/14/14)
Any person, firm or corporation violating any of the provisions
or terms of this article shall, upon conviction, be guilty of a misdemeanor
punishable by a fine not to exceed the sum of five hundred and no/100
dollars ($500.00) for each offense. Every act in violation of this
article shall constitute a separate offense. Unless otherwise specifically
set forth in this article, the allegation and evidence of a culpable
mental state are not required for the proof of an offense of this
article.
(Ordinance 14-0714-02 adopted 7/14/14)
