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2. Applicant. A Person who submits an application to the City for a license to sell licensed
<br />products.Tobacco, Tobacco Products, or Related Tobacco Devices.
<br />3. Compliance Checks. “Compliance Checks” shall mean the system the City of Gem Lake
<br />uses to investigate and ensure that those authorized to sell licensed productsTobacco, Tobacco
<br />Products, and Tobacco Related D evices are in compliance with the requirements of this
<br />Ordinance. Compliance Checks shall involve the use of persons under the age of 21 years
<br />who purchase or attempt to purchase tobacco, tobacco related devices, and electronic delivery
<br />devices. Compliance Checks shall also be conducted by the city or other units of government
<br />for educational, research, and training purposes or for investigating or enforcing federal, state,
<br />or local laws and regulations relating to licensed products.
<br />4. Electronic Delivery Device. “Electronic Delivery Device” shall mean any product containing
<br />or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended
<br />for human consumption through the inhalation of aerosol or vapor from the product.
<br />Electronic Delivery Device includes, but is not limited to, devices manufactured, marketed, or
<br />sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other
<br />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
<br />include any nicotine cessation product that has been authorized by the U.S. Food and Drug
<br />Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,”
<br />as defined in the Federal Food, Drug, and Cosmetic Act.
<br />3. Compliance Checks shall involve the use of Minors as authorized by this Ordinance and shall
<br />also mean the use of Minors who attempt to purchase Tobacco, Tobacco Products, or Related
<br />Tobacco Devices for educational, research, and training purposes as authorized by State and
<br />Federal laws. Compliance Checks may also be conducted by other units of government for
<br />purpose of enforcing appropriate Federal, State, or local laws and regulations relating to
<br />Tobacco, Tobacco Products, and Related Tobacco Devices.
<br />4.5. Individually Packaged. “Individually Packaged” shall mean the practice of selling any
<br />Ttobacco or Ttobacco Pproducts wrapped individually for sale and shall include, but not be
<br />limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single
<br />cans or other packaging of snuff or chewing tobacco.
<br />6. Licensed Premises. The real property upon which a Retail Establishment whose owner or
<br />officer, as Licensee, has been authorized under this Ordinance to sell tobacco, tobacco related
<br />devices, and electronic delivery devices.
<br />7. Licensed Products. “Licensed Products” shall mean any tobacco; tobacco-related or
<br />electronic delivery device; or nicotine or lobelia product.
<br />5. Tobacco, Tobacco Products, or Related Tobacco Devices.
<br />6.8. Licensee. “Licensee” shall mean a person who has attained the age of eighteen twenty-one
<br />(1821) years, firm, corporation, or other legal entity with a fixed Retail Establishment location
<br />in the City of Gem Lake who has been granted a license by the City of Gem Lake Council for
<br />a license to sell tobacco, tobacco related devices, and electronic delivery devices Tobacco,
<br />Tobacco Products, and/or Related Tobacco Devices based upon submittal to the City of a
<br />completed application for said license and the fees associated thereto .
<br />7.9. Loosies. “Loosies” shall mean the common term used to refer to a single or individually
<br />packaged cigarette.
<br />8.10. Minor. “Minor” shall mean any natural person who has not yet reached the age of
<br />eighteen (18) years.
<br />Commented [EM4]: Q for Attorney - can a licensee
<br />(business owner) be under 21, and higher a 21 year old to
<br />sell at the business?
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