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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 products are in compliance
<br />with the requirements of this Ordinance. Compliance Checks shall involve the use of persons
<br />under the age of 21 years who purchase or attempt to purchase tobacco, tobacco related
<br />devices, and electronic delivery devices. Compliance Checks shall also be conducted by the
<br />city or other units of government for educational, research, and training purposes or for
<br />investigating or enforcing federal, state, or local laws and regulations relating to licensed
<br />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 />5. Individually Packaged. “Individually Packaged” shall mean the practice of selling any
<br />tobacco or tobacco products 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 />8. Licensee. “Licensee” shall mean a person who has attained the age of twenty-one (21) years,
<br />firm, corporation, or other legal entity with a fixed Retail Establishment location in the City of
<br />Gem Lake who has been granted a license by the City of Gem Lake Council for a license to
<br />sell tobacco, tobacco related devices, and electronic delivery devices based upon submittal to
<br />the City 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
<br />packaged cigarette.
<br />10. Minor. “Minor” shall mean any natural person who has not yet reached the age of eighteen
<br />(18) years.
<br />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 />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.
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