by this ordinance. Compliance checks shall also mean the use of persons under the age of 21
<br />who attempt to purchase licensed products for educational, research, and training purposes as
<br />authorized by state and federal laws. Compliance checks may also be conducted by other units
<br />of government for the purpose of enforcing appropriate federal, state, or local laws and
<br />regulations relating to licensed products.
<br />- Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any
<br />other substance intended for human consumption through the inhalation of aerosol or vapor from
<br />the product. Electronic delivery device includes, but is not limited to, devices manufactured,
<br />marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any
<br />other product name or descriptor. Electronic delivery device includes any component part of a
<br />product, whether or not marketed or sold separately. Electronic delivery device does not include
<br />any product that has been approved or certified by the United States Food and Drug
<br />Administration for sale as a tobacco -cessation product, as a tobacco -dependence product, or for
<br />other medical purposes, and is marketed and sold for such an approved purpose.
<br />- Flavored Product: Any licensed product that contains a taste or smell, other than the taste or
<br />smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the
<br />consumption of the product, including, but not limited to, any taste or smell relating to chocolate,
<br />cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert, alcoholic
<br />beverage, herb, or spice. A public statement or claim, whether express or implied, made or
<br />disseminated by the manufacturer of a tobacco or tobacco product, tobacco -related device,
<br />electronic delivery device, and nicotine or lobelia delivery device, or by any person authorized or
<br />permitted by the manufacturer to make or disseminate public statements concerning such
<br />products, that a product has or produces a taste or smell other than tobacco will constitute
<br />presumptive evidence that the product is a flavored product.
<br />- Indoor Area. All space between a floor and a ceiling that is bounded by walls, doorways, or
<br />windows, whether open or closed, covering more than 50 percent of the combined surface area
<br />of the vertical planes constituting the perimeter of the area. A wall includes any retractable
<br />divider, garage door, or other physical barrier, whether temporary or permanent. A standard
<br />window screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall.
<br />- Licensed Products. The term that collectively refers to any tobacco, tobacco -related device,
<br />electronic delivery device, or nicotine or lobelia delivery product.
<br />- Loosies. The common term used to refer to a single or individually packaged cigarette or any
<br />other licensed product that has been removed from its intended retail packaging and offered for
<br />sale. The term "loosies" does not include individual cigars with a retail price, before any sales
<br />taxes, of more than $2.00 per cigar.
<br />- Moveable Place of Business. Any form of business operated out of a truck, van, automobile or
<br />other type of vehicle or transportable shelter and not a fixed address, store front or other
<br />permanent type of structure authorized for sales transactions.
<br />- Nicotine or Lobelia Delivery Devices. Any product containing or delivering nicotine or
<br />lobelia intended for human consumption, or any part of such a product, that is not tobacco as
<br />defined in this section, not including any product that has been approved or otherwise certified
<br />for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm
<br />3
<br />199122v1
<br />
|