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PART II - CODE OF ORDINANCES Chapter 26 - LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS ARTICLE XVI. TOBACCO ARTICLE XVI. TOBACCO DIVISION 1. GENERALLY Sec. 26-749. Definitions and interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Compliance checks means the .system process or protocols the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco -related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this article law. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, er tobacco -related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, and tobacco -related devices, and nicotine or lobelia delivery devices. Electronic delivery device means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Exclusive tobacco store means a retail store which derives at least 90 percent of its revenue from tobacco and tobacco products and which cannot be entered at any time by persons younger than 21 years of age except as provided herein. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this article shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, or more than $2.00 per cigar. Minor means any natural person who has not yet reached the age of 21 years. Movable place of business refers to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment means any place of business where tobacco, tobacco products, Of tobacco - related devices, or nicotine or lobelia delivery devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, drugstores, and restaurants. Attachment A Ordinance #26-04 Page 1 of 9