For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Department"means the Westminster police department and any agency or person designated by the department to enforce or administer the provisions of this chapter.
"Electronic cigarette"means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.
"Electronic cigarette retailer"means any establishment, structure, or facility that devotes ten percent or more total floor space or display area to the sale, display, marketing, bartering, trading or exchange of electronic cigarettes.
"Operate"means to own, manage, operate or control, whether by an owner or lessee.
"Operator"means a person who operates a tobacco retailing business.
"Person"means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
"Private smokers lounge"means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes.
"Proprietor"means a person with an ownership or managerial interest in the business or his or her representative, agent or designee. 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.
"Self-service display"means the open display or storage of tobacco products or paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer and a direct person-to-person transfer between the purchaser and the retailer. A vending machine is a form of self-service display.
"Smoke shop"means any establishment, structure, facility, vehicle, that devotes ten percent or more of either its floor space or display area to the sale, display, marketing, bartering, trading or exchange of any combination of tobacco, tobacco products, or smoking or tobacco paraphernalia.
"Smoking"means possessing a lighted or electronically charged tobacco product, lighted or electronically charged tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).
"Tobacco"means dried tobacco leaves that are smoked in cigars, cigarettes and pipes, but can also be chewed in the mouth or sniffed in the nose.
"Tobacco product"means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter, including, but not limited to, a vapor cigarette, containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
"Tobacco product retailer"means a smoke shop, electronic cigarette retailer, vapor cigarette retailer, or any other retailer that provides tobacco and/or nicotine products, accessories, smoking paraphernalia and that devotes ten percent or more of the business's floor area or display area to the sale, display, marketing, bartering, trading, or exchange of tobacco products or tobacco paraphernalia.
"Vapor cigarette"means high-power electronic cigarette devices known as tank systems, which produce nicotine vapor. Vapor cigarettes are larger devices than electronic cigarettes and are designed to vaporize liquid nicotine.
"Vapor cigarette retailer"means any establishment, structure, facility, vehicle, stand or cart that devotes ten percent or more floor space or display area to the sale, display, marketing, bartering, trading or exchange of vapor (electronic) cigarettes.
(Ord. 2514 § 1, 2014)