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reduction, or for other medical purposes, and is being marketed and sold solely for that approved <br />purpose. <br />- Retail Establishment. Any place of business where licensed products are available for sale to <br />the general public. The phrase shall include, but not be limited to, grocery stores, convenience <br />stores, restaurants, drug stores and on -sale or off -sale liquor establishments. <br />- Sale. Any transfer of goods for money, trade, barter or other consideration. <br />- Self -Service Merchandising. Open display of licensed products in any manner where any <br />person shall have access to the licensed products, without the assistance or intervention of the <br />licensee or the licensee's employee. The assistance or intervention shall entail the actual physical <br />exchange of the licensed products between the customer and the licensee or employee. Self - <br />Service sales are interpreted as being any sale where there is not an actual physical exchange of <br />the product between the clerk and the customer. <br />- Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or <br />pipe, or any other lighted or heated product, whether natural or synthetic, containing, made, or <br />derived from nicotine, tobacco, marijuana, or other plant, that is intended for inhalation. <br />Smoking also includes carrying or using an activated electronic delivery device. <br />- Tobacco or Tobacco Products. Tobacco and tobacco products includes any product <br />containing, made, or derived from tobacco that is intended for human consumption, whether <br />chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, <br />or any component, part, or accessory of a tobacco product; cigarettes; cigars; cheroots; stogies; <br />perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff <br />flour; Cavendish; plug and twist tobacco; fine cut, and other chewing tobaccos; shorts; refuse <br />scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of <br />tobacco. Tobacco excludes any tobacco product that has been approved by the United States <br />Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence <br />product, or for other medical purposes, and is being marketed and sold solely for such an <br />approved purpose. <br />- Tobacco Related Devices. Tobacco -related devices includes any pipe, rolling papers, ashtray, <br />or other device intentionally designed or intended to be used with tobacco products. Tobacco - <br />related devices shall include components of tobacco -related devices, which may be marketed or <br />sold separately. <br />- Vending Machine. Any mechanical, electric or electronic, or other type of device which <br />dispenses licensed products upon the insertion of money, tokens or other forms of payment <br />directly into the machine by the person seeking to purchase the licensed product. <br />350.03 License. <br />No person shall sell or offer to sell any licensed products at a retail establishment without first <br />having obtained a license to do so from the City. License applications shall be submitted to the <br />City Administrator/Clerk together with the license fees determined from time to time by the City <br />Council. A license shall be issued for the specific premises identified in the <br />application. (amended 3/26/07) <br />4 <br />199122v1 <br />