|
Attachment D
<br />102 purposes or for investigating or enforcing federal, state or local laws and regulations
<br />103 relating to Licensed Products. (Ord. 1555, 6-18-2018)
<br />104
<br />105 ELECTRONIC DELIVERY DEVICE.Any product containing or delivering nicotine,
<br />106 lobelia, or any other substance, whether natural or synthetic, intended for human consumption
<br />107 through the inhalation of aerosol or vapor from the product. Electronic delivery device
<br />108 includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-
<br />109 cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or
<br />110 descriptor. Electronic delivery deviceincludes any component part of a product, whether or
<br />111 not marketed or sold separately. Electronic delivery device does not include any nicotine
<br />112 cessation product that has been authorized by the U.S. Food and Drug Administration to be
<br />113 marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the
<br />114 Federal Food, Drug, and Cosmetic Act.
<br />115 FLAVORED PRODUCT.Any Licensed Product that contains a taste or smell, other than the
<br />116 taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or
<br />117 during the consumption of the product, including, but not limited to, any taste or smell
<br />118 relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy,
<br />119 dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or
<br />120 implied, made or disseminated by the manufacturer of a Licensed Product, or by any person
<br />121 authorized or permitted by the manufacturer to make or disseminate public statements
<br />122 concerning such products, that a product has or produces a taste or smell other than a taste or
<br />123 smell of tobacco will constitute presumptive evidence that the product is a flavored product.
<br />124
<br />125 INDOOR AREA. All space between a floor and a ceiling that is bounded by walls,
<br />126 doorways, or windows, whether open or closed, covering more than 50 percent of the
<br />127 combined surface area of the vertical planes constituting the perimeter of the area. A wall
<br />128 includes any retractable divider, garage door, or other physical barrier, whether temporary
<br />129 or permanent.
<br />130
<br />131 LICENSED PRODUCTS. The term that collectively refers to anytobacco, tobacco-related
<br />132 device, electronic delivery device, or nicotine or lobelia delivery product.
<br />133
<br />134 LOOSIES. The common term used to refer to single cigarettes, cigars, and any other
<br />135 Licensed Productthat have been removed from their original retail packaging and offered
<br />136 for sale. Loosies does not include premium cigars that are hand-constructed, have a wrapper
<br />137 made entirely from whole tobacco leaf, and have a filler and binder made entirely of
<br />138 tobacco, except for adhesives or other materials used to maintain size, texture, or flavor.
<br />139
<br />140 MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk,
<br />141 truck, van, automobile or other type of vehicle or transportable shelter and not a fixed
<br />142 address store front or other permanent type of structure authorized for sales transactions.
<br />143
<br />144 NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering
<br />145 nicotine or lobelia intended for human consumption, or any part of such a product, that is
<br />146 not a tobacco or an electronic delivery device as defined in this section. Nicotine or lobelia
<br />147 delivery productdoes not include any nicotine cessation product that has been authorized by
<br />148 the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,”
<br />149 or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
<br />150
<br />151 RETAIL ESTABLISHMENT: Any place of business licensed under this chapter where
<br />
<br />
|