For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section. Words and phrases used in this chapter not specifically defined shall be construed according to the context and approved use of the language.
means a taste or aroma, other than the taste or aroma of tobacco, imparted prior to or during consumption of a tobacco product or any by-product produced by the tobacco product, including, but not limited to, tastes or aroma relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, 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.
means 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.
means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco that, 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 as described herein.
means the City of Buena Park.
means a person who purchases a tobacco product for consumption and not for sale to another.
means anything that can be exchanged or used to acquire a tobacco product for less than the full retail price, whether in paper, digital or other form.
means the city's community development department, or the person designated by the department to enforce or administer the provisions of this chapter.
has the same meaning as in California Health and Safety Code, Section 11364.5, as amended from time to time.
means any liquid or substance containing nicotine, whether sold separately or in combination with any device that may be used to deliver nicotine in aerosolized or vaporized form to a person. Common names for e-cigarettes include e-cigar, e-pipe, vape pen, or e-hookah or other names.
means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.
means any tobacco product (cigars, menthol cigarettes, little cigars, cigarillos, chewing tobacco, smokeless tobacco, shisha [hookah tobacco], flavored components / parts / accessories [such as flavored rolling papers, filters, and blunt wraps], electronic smoking devices, such as e-cigarettes [ESDs], and the solutions used in ESDs, which includes vaping) that contains a constituent that imparts a characterizing flavor. For purposes of this definition, "constituent" means any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet that is added by the manufacturer to the tobacco product during the processing, manufacturing or packing of the tobacco product.
means 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.
means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
means any written, printed or graphic material upon any tobacco product or on any of its packaging, or accompanying such tobacco product.
shall mean a person that has been issued a tobacco retailer's license by the city under this chapter, signifying the person's authorization to operate a tobacco retailing business in the city.
means any roll of tobacco other than a cigarette wrapped entirely in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand, and includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar or cigarillo.
means any 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.
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
means a person with an ownership or managerial interest in a business that engages in whole or in part in tobacco retailing. An "ownership interest" shall be deemed to exist when a person has a ten percent 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.
means any transfer, exchange, barter, gift, offer for sale or distribution of a tobacco product for a commercial purpose, in any manner or by any means.
means a tobacco product smoked or intended to be smoked in a hookah. "Shisha tobacco product" includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. "Shisha tobacco product" does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
means inhaling, exhaling, burning or carrying any lighted, heated or ignited tobacco product.
shall mean a license issued by the city under this chapter that authorizes the person licensed to operate, sell tobacco products or otherwise engage in tobacco retailing in the city.
means any item designed or marketed for the consumption, use or preparation of tobacco products.
means:
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, snuff; and
Any electronic smoking 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.
Any component, part, or accessory of a tobacco product, whether or not sold separately.
Notwithstanding the foregoing, "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, including cessation products specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
means any person who sells, offers for sale, or otherwise exchanges or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; and "tobacco retailing" means a person doing or engaging in any of the foregoing. This definition is, without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.
(Ord. 1696 § 2, 2021)