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Attachment B
<br />146 but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking
<br />147 device includes any component, part, or accessory of such a device, whether or not sold
<br />148 separately, and includes any substance intended to be aerosolized or vaporized during the
<br />149 use of the de¬vice. Electronic Smoking Device does not include any product that has been
<br />150 approved or certified by the United States Food and Drug Administration for sale as a
<br />151 tobacco-cessation product, or for other medical purposes, and is marketed and sold for such
<br />152 an approved purpose. (Ord. 1555, 6-18-2018)
<br />153
<br />154 INDOOR AREA. All space between a floor and a ceiling that is bounded by walls,
<br />155 doorways, or windows, whether open or closed, covering more than 50 percent of the
<br />156 combined surface area of the vertical planes constituting the perimeter of the area. A wall
<br />157 includes any retractable divider, garage door, or other physical barrier, whether temporary
<br />158 or permanent.
<br />159
<br />160 LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related
<br />161 device, electronic delivery device, or nicotine or lobelia delivery product.
<br />162
<br />163 LOOSIES. The common term used to refer to single cigarettes, cigars, and any other
<br />164 Licensed Product that have been removed from their original retail packaging and offered
<br />165 for sale. Loosies does not include premium cigars that are hand-constructed, have a wrapper
<br />166 made entirely from whole tobacco leaf, and have a filler and binder made entirely of
<br />167 tobacco, except for adhesives or other materials used to maintain size, texture, or flavor.
<br />168
<br />169 MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk,
<br />170 truck, van, automobile or other type of vehicle or transportable shelter and not a fixed
<br />171 address store front or other permanent type of structure authorized for sales transactions.
<br />172
<br />173 NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering
<br />174 nicotine or lobelia intended for human consumption, or any part of such a product, that is
<br />175 not a tobacco or an electronic delivery device as defined in this section. Nicotine or lobelia
<br />176 delivery product does not include any nicotine cessation product that has been authorized by
<br />177 the U.S. Food and Drug Administration to be marketed and for sale as Ðdrugs,Ñ Ðdevices,Ñ
<br />178 or Ðcombination products,Ñ as defined in the Federal Food, Drug, and Cosmetic Act.
<br />179 PERSON: Any natural person, partnership, joint venture, society, club, trustee, trust,
<br />180 association, organization, or corporation, or any officer, agent, employee, factor, or any
<br />181 other personal representative thereof, in any capacity. (Ord. 1555, 6-18-2018)
<br />182
<br />183 RETAIL ESTABLISHMENT: Any place of business licensed under this chapter where
<br />184 tobacco Licensed Products are available for sale to the general public. This phrase includes
<br />185 but is not limited to grocery stores, convenience stores, gasoline service stations, pharmacies,
<br />186 bars, and restaurants, but does not include Age-Restricted Tobacco Retailers. (Ord. 1555, 6-
<br />187 18-2018)
<br />188
<br />189 SELF SERVICE MERCHANDISING: An open display of tobacco Licensed Products in any
<br />190 manner where any person has access to the tobacco Licensed Products without the
<br />191 intervention of a licensee or licenseeÓs employee. (Ord. 1555, 6-18-2018)
<br />192
<br />193 SMOKING: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
<br />194 pipe, or any other lighted or heated product, whether natural or synthetic, containing, made,
<br />195 or derived from nicotine, tobacco, marijuana, or other plant, that is intended for inhalation.
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