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<br />ARTICLE II. - TOBACCO
<br />DIVISION 1. - GENERALLY
<br />Sec. 26-31. - Definitions.
<br />The following words, terms and phrases, when used in this Article, shall have the meanings ascribed
<br />to them in this section, except where the context clearly indicates a different meaning:
<br />Compliance checks means the system the city uses to investigate and ensure that those authorized
<br />to sell tobacco, tobacco-related devices, nicotine, or electronic delivery devices are following and complying
<br />with the requirements of this Article and state and federal laws. Compliance checks shall involve the use of
<br />Compliance check minors as authorized by this Article. Compliance checks may also be conducted by other
<br />units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations
<br />relating to tobacco, tobacco-related devices, nicotine, or electronic delivery devices.
<br />Compliance check minor means any person at least 17 years of age, but under the age of 21, used
<br />by the city to conduct compliance checks. Provided that prior written consent of a parent or guardian shall
<br />be required if the person is under the age of 18.
<br />Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other
<br />substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or
<br />vapor from the product. Electronic delivery devices includes but is not limited to devices manufactured,
<br />marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank
<br />systems, or under any other product name or descriptor. Electronic delivery device shall include any
<br />component part of such a product that is not tobacco as defined in this section, whether or not marketed or
<br />sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those
<br />terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United
<br />States Food and Drug Administration.
<br />Moveable place of business means any form of business operated out of a kiosk, truck, van,
<br />automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other
<br />permanent type of structure authorized for sales transactions.
<br />Sale means any transfer of goods for money, trade, barter, or other consideration.
<br />Self-service merchandising means open displays of tobacco, tobacco-related devices, nicotine, or
<br />electronic delivery devices in any manner where any person shall have access to the tobacco, tobacco-
<br />related devices, nicotine, or electronic delivery devices without the assistance or intervention of the licensee
<br />or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the
<br />tobacco, tobacco-related device, nicotine, or electronic delivery device between the customer and the
<br />licensee or employee. Self-service merchandising shall not include vending machines.
<br />Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended
<br />for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or
<br />ingested by any other means, or any component, part, or accessory of a tobacco product including but not
<br />limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other
<br />smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
<br />shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
<br />Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal
<br />Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug
<br />Administration.
<br />Tobacco products shop means a place of business that has an entrance door opening directly to the
<br />outside, that cannot be entered at any time by persons younger than 21 years of age, and that derives more
<br />than 90 percent of its gross revenue from the sale of tobacco, tobacco-related devices, or electronic delivery
<br />devices, and in which the sale of other products is merely incidental. “Tobacco products shop” does not
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