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Sale means any transfer of goods for money, trade, barter, or other consideration.
<br />Self-service merchandising means open displays of tobacco, tobacco products, er tobacco -related
<br />devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the
<br />tobacco, tobacco products, er tobacco -related devices, or nicotine or lobelia delivery devices, without the
<br />assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall
<br />entail the actual physical exchange of the tobacco, tobacco product, er tobacco -related device, or nicotine
<br />or lobelia delivery devices between the customer and the licensee or employee. Self-service sales are
<br />interpreted as being any sale where there is not an actual physical exchange of the product between the
<br />clerk and the customer. Self-service merchandising shall not include vending machines.
<br />Tobacco means cigarettes and any product containing, made, or derived from tobacco that is
<br />intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted,
<br />sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product
<br />including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready
<br />rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and
<br />other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other
<br />kinds and forms of tobacco.
<br />Tobacco -related products means tobacco, tobacco -related devices, electronic delivery devices, and
<br />nicotine or lobelia delivery products as defined in this subdivision. "Tobacco -related products" does not
<br />include any tobacco product, electronic delivery device, or nicotine or lobelia delivery product that has
<br />been approved or certified by the United States Food and Drug Administration for sale as a tobacco -
<br />cessation product, as a tobacco -dependence product, or for other medical purposes, and is marketed and
<br />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
<br />or inhalation of vapors of tobacco or tobacco products. Tobacco -related devices include components of
<br />tobacco -related devices which may be marketed or sold separately.
<br />Vending machine means any mechanical, electric or electronic, or other type of self-service device
<br />which dispenses tobacco, tobacco products, or tobacco -related devices upon the insertion of money,
<br />tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco,
<br />tobacco product, or tobacco -related device, unless the machine can be controlled by an electronic device
<br />by an employee of the business.
<br />(Code 1978, § 7.93.02; Ord. No. 21-21, § 3, 12-14-2021)
<br />Sec. 26-750. Purpose.
<br />Because the city recognizes that many persons under the age of 21 years purchase or otherwise
<br />obtain, possess, and use tobacco, tobacco products, and tobacco -related devices, and nicotine or lobelia
<br />delivery devices, and such sales, possession, and use are violations of both state and federal laws; and
<br />because studies, which are accepted and adopted, have shown that most smokers begin smoking before
<br />they have reached the age of 21 years and that those persons who reach the age of 21 years without
<br />having started smoking are significantly less likely to begin smoking; and because smoking has been
<br />shown to be the cause of several serious health problems which subsequently place a financial burden on
<br />all levels of government; this article shall be intended to regulate the sale, possession and use of tobacco,
<br />tobacco products, end tobacco -related devices, and nicotine or lobelia delivery devices for the purpose of
<br />enforcing and furthering existing laws, to protect minors against the serious effects associated with the
<br />illegal use of tobacco, tobacco products, and tobacco -related devices, and nicotine or lobelia delivery
<br />Attachment A
<br />Ordinance #26-04
<br />Page 2 of 9
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