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-2- <br />Moveable place of business <br />means any form of business operated out of a truck, van, automobile, or other type of vehicle or <br />transportable shelter and not a fixed address storefront or other permanent type of structure <br />authorized for sales transactions. <br />Retail establishment <br />means any place of business where tobacco, tobacco products, or tobacco-related devices are available <br />for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, <br />convenience stores, and restaurants. <br />Sale <br />means any transfer of goods for money, trade, barter, or other consideration. <br />Self-service merchandising <br />means open displays of tobacco, tobacco products, or tobacco-related devices in any manner where <br />any person shall have access to the tobacco, tobacco products, or tobacco-related devices without the <br />assistance or intervention of the licensee or the licensee's employee. The assistance or intervention <br />shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco-related device <br />between the customer and the licensee or employee. Self-service merchandising shall not include <br />vending machines. <br />Tobacco and tobacco product <br />means any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; <br />cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; <br />snuff; snuff flowers; Cavendish; plug and twist tobaccos; fine cut and other chewing tobaccos; shorts; <br />refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco <br />prepared in such a manner as to be suitable for smoking, chewing, sniffing, smoking in a pipe or other <br />tobacco-related devices. <br />Tobacco products shop <br />A place or business that derives more than 90 percent of its gross revenue from the sale of tobacco <br />and tobacco products or tobacco-related devices and in which the sale of other products is merely <br />incidental. <br />Tobacco-related device <br />means any tobacco products as well as a pipe, rolling papers, or other device intentionally designed or <br />intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or <br />tobacco products. <br />Vending machine <br />means any mechanical, electric or electronic or other type of device which dispenses tobacco, tobacco <br />products, or tobacco-related devices upon the insertion of money, tokens, or other form of payment <br />directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco- <br />related device. <br />Sec. 26-32. Purpose of article. <br />Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, <br />possess, and use tobacco, tobacco products, and tobacco-related devices, and that such sales, <br />S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc <br />