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Minor means any natural person who has not yet reached the age of 1821 years.
<br />Movable place of business refers to any form of business operated out of a truck, van, automobile, or other
<br />type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure
<br />authorized for sales transactions.
<br />Retail establishment means any place of business where tobacco, tobacco products, or tobacco -related
<br />devices are available for sale to the general public. Retail establishments shall include, but not be limited to,
<br />grocery stores, convenience stores, and restaurants.
<br />Sale means any transfer of goods for money, trade, barter, or other consideration.
<br />Self-service merchandising means open displays of tobacco, tobacco products, or tobacco -related devices in
<br />any manner where any person shall have access to the tobacco, tobacco products, or tobacco -related devices,
<br />without the 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 between the
<br />customer and the licensee or employee. Self-service merchandising shall not include vending machines.
<br />Tobacco or tobacco products means any substance or item containing leaf, including but not limited to,
<br />cigarette; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots, stogies; perique; granulated,
<br />plus cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist
<br />tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and
<br />forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.
<br />Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for human
<br />consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means,
<br />or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies;
<br />perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug
<br />and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of
<br />tobacco; and other kinds and forms of tobacco.
<br />Tobacco -related products means tobacco, tobacco -related devices, electronic delivery devices, and nicotine or
<br />lobelia delivery products as defined in this subdivision. "Tobacco -related products" does not include any tobacco
<br />product, electronic delivery device, or nicotine or lobelia delivery product that has been approved or certified by the
<br />United States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -dependence product,
<br />or for other medical purposes, and is marketed and sold for such an approved purpose.
<br />Tobacco -related devices means any tobacco product as well as a pipe, rolling papers, or other device
<br />intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking of tobacco
<br />or tobacco products. or inhalation of vapors of tobacco or tobacco products. Tobacco -related devices include
<br />components of tobacco -related devices which may be marketed or sold separately.
<br />Vending machine means any mechanical, electric or electronic, or other type of device which dispenses
<br />tobacco, tobacco products, or tobacco -related devices upon the insertion of money, tokens, or other form of
<br />payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco -
<br />related device, unless the machine can be controlled by an electronic device by an employee of the business.
<br />(Code 1978, § 7.93.02)
<br />Sec. 26-750. - Purpose.
<br />Because the city recognizes that many persons under the age of 1821 years purchase or otherwise obtain,
<br />possess, and use tobacco, tobacco products, and tobacco -related devices, and such sales, possession, and use are
<br />violations of both state and federal laws; and because studies, which are accepted and adopted, have shown that
<br />most smokers begin smoking before they have reached the age of 1821 years and that those persons who reach
<br />the age of 1821 years without having started smoking are significantly less likely to begin smoking; and because
<br />smoking has been shown to be the cause of several serious health problems which subsequently place a financial
<br />burden on all levels of government; this article shall be intended to regulate the sale, possession and use of
<br />Ordinance #21-21
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