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Compliance Checks. "Compliance Checks" shall mean the system the City of Gem Lake uses to
<br />investigate and ensure that those authorized to sell licensed products are in compliance with the
<br />requirements of this Ordinance. Compliance Checks shall involve the use of persons under the age
<br />of 21 years who purchase or attempt to purchase tobacco, tobacco related devices, and electronic
<br />delivery devices. Compliance Checks shall also be conducted by the city or other units of
<br />government for educational, research, and training purposes or for investigating or enforcing
<br />federal, state, or local laws and regulations relating to licensed products.
<br />4. Electronic Delivery Device. "Electronic Delivery Device" shall mean any product containing or
<br />delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for
<br />human consumption through the inhalation of aerosol or vapor from the product. Electronic
<br />Delivery Device includes, but is not limited to, devices manufactured, marketed, or sold as e-
<br />cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or
<br />descriptor. Electronic Delivery Device includes any component part of a product, whether or not
<br />marketed or sold separately. Electronic Delivery Device does not include any nicotine cessation
<br />product that has been authorized by the U.S. Food and Drug Administration to be marketed and
<br />for sale as "drugs," "devices," or "combination products," as defined in the Federal Food, Drug,
<br />and Cosmetic Act.
<br />5. Individually Packaged. "Individually Packaged" shall mean the practice of selling any tobacco or
<br />tobacco products wrapped individually for sale and shall include, but not be limited to, single
<br />cigarette packs, single bags, or cans of loose tobacco in any form, and single cans or other
<br />packaging of snuff or chewing tobacco.
<br />6. Licensed Premises. The real property upon which a Retail Establishment whose owner or officer,
<br />as Licensee, has been authorized under this Ordinance to sell tobacco, tobacco related devices, and
<br />electronic delivery devices.
<br />7. Licensed Products. "Licensed Products" shall mean any tobacco; tobacco -related or electronic
<br />delivery device; or nicotine or lobelia product.
<br />8. License. "Licensee" shall mean a person who has attained the age of twenty-one (21) years, firm,
<br />corporation, or other legal entity with a fixed Retail Establishment location in the City of Gem
<br />Lake who has been granted a license by the City of Gem Lake Council for a license to sell
<br />tobacco, tobacco related devices, and electronic delivery devices based upon submittal to the City
<br />of a completed application for said license and the fees associated thereto.
<br />9. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged
<br />cigarette.
<br />10. Moveable Place of Business. "Moveable Place of Business" shall mean any form of business
<br />operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a
<br />fixed address store front or other permanent type of structure used for sales transactions.
<br />11. Nicotine or Lobelia Product. "Nicotine or Lobelia Product" shall mean any product containing or
<br />delivering nicotine or lobelia intended for human consumption, or any part of such a product, that
<br />is not tobacco, or an electronic delivery device as defined in this section. Nicotine or Lobelia
<br />Product does not include any nicotine cessation product that has been authorized by the U.S. Food
<br />and Drug Administration to be marketed and for sale as "drugs," "devices," or "combination
<br />products," as defined in the Federal Food, Drug, and Cosmetic Act.
<br />12. Person. An individual, partnership, firm, corporation, association, or other legal entity excluding
<br />the City of Gem Lake, the state or any other political subdivision or other governmental entity.
<br />13. Retail Establishment. "Retail Establishment" shall mean any place of business where licensed
<br />products are available for sale to the general public and shall include, but not be limited to:
<br />Ordinance No. 68 Tobacco Regulation
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