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11. 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
<br />not a fixed address store front or other permanent type of structure used for sales transactions.
<br />9.12. Nicotine or Lobelia Product. “Nicotine or Lobelia Product” shall mean any product
<br />containing or delivering nicotine or lobelia intended for human consumption, or any part of
<br />such a product, that is not tobacco or an electronic delivery device as defined in this section.
<br />Nicotine or Lobelia Product does not include any nicotine cessation product that has been
<br />authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,”
<br />“devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic
<br />Act.
<br />10.13. Person. An individual, partnership, firm, corporation, association, or other legal entity
<br />excluding the City of Gem Lake, the state or any other political subdivision or other
<br />governmental entity.
<br />11.14. Retail Establishment. “Retail Establishment” shall mean any place of business where
<br />licensed products Tobacco, Tobacco Products, or Related Tobacco Devices are available for
<br />sale to the general public and shall include, but not be limited to: grocery stores, tobacco
<br />products shops, convenience stores, liquor stores, gasoline service stations, bars, and
<br />restaurantsgrocery stores; convenience stores; bars and lounges; restaurants; gas and service
<br />stations.
<br />12.15. Sale. “Sale” shall mean any transfer of goods for money, trade, barter, or other
<br />consideration.
<br />13.16. Self-Service Merchandising. “Self-Service Merchandising” shall mean open displays of
<br />licensed products Tobacco, Tobacco Products, or Tobacco related Devices in any manner
<br />where any person shall have access to said items without the assistance or intervention of the
<br />Licensee or an employee of the Licensee, said assistance or intervention entailing the actual
<br />physical exchange of licensed products Tobacco, Tobacco Products, or Tobacco related
<br />Devices between the Licensee or employee of the Licensee.
<br />14.17. Self-Service Sales. “Self-Service Sales” shall mean any sale of licensed products
<br />Tobacco, Tobacco Products, or Tobacco Related Devices where there is not an actual physical
<br />exchange of said items between the customer and the Licensee or an employee of the
<br />Licensee.
<br />15.18. Tobacco or Tobacco Products. “Tobacco” or “Tobacco Products” shall mean any
<br />substance or item containing tobacco leaf, including but not limited to: cigarettes; cigars; pipe
<br />tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug
<br />cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts;
<br />plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings, cuttings, and sweepings of
<br />tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable
<br />for chewing, sniffing, or smoking.
<br />16.19. Tobacco- Related Devices. “Tobacco -Related Devices” shall mean any tobacco product
<br />as well as pipes, rolling papers, or other devices intentionally designed or intended to be used
<br />in a manner which enables the chewing, sniffing, or smoking of Tobacco or Tobacco Products.
<br />17.20. Vending Machine. “Vending Machine” shall mean any mechanical, electric or electronic,
<br />or other type of device which dispenses licensed products Tobacco, Tobacco Products, or
<br />Tobacco Related Devices upon the insertion of money, tokens, or other forms of payment
<br />directly into the machine by the person seeking to purchase licensed productsTobacco,
<br />Tobacco Products, or Tobacco Related Devices.
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