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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, tobacco -related devices,
<br />or nicotine or lobelia delivery devices are available for sale to the general public. Retail establishments shall
<br />include, but not be limited to, grocery stores, convenience stores, drugstores, 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, tobacco -related devices, or
<br />nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco
<br />products, tobacco -related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of
<br />the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of
<br />the tobacco, tobacco product, tobacco -related device, or nicotine or lobelia delivery devices between the
<br />customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an
<br />actual physical exchange of the product between the clerk and the customer. Self-service merchandising shall not
<br />include vending machines.
<br />Tobacco means cigarettes and any product containing, made, or derived from tobacco that is intended for
<br />human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
<br />other means, or any component, part, or accessory of a tobacco product including but not limited to cigars;
<br />cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff
<br />flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings,
<br />cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
<br />Tobacco -related products means tobacco, tobacco -related devices, electronic delivery devices, and nicotine
<br />or lobelia delivery products as defined in this subdivision. "Tobacco -related products" does not include any
<br />tobacco product, electronic delivery device, or nicotine or lobelia delivery product that has been approved or
<br />certified by the United States Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -
<br />dependence product, 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 or
<br />inhalation of vapors of tobacco or tobacco products. Tobacco -related devices include components of tobacco -
<br />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 which
<br />dispenses tobacco, tobacco products, or tobacco -related devices upon the insertion of money, tokens, or other
<br />form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or
<br />tobacco -related device, unless the machine can be controlled by an electronic device by an employee of the
<br />business.
<br />(Ord. No. 26-04, § 2(Att. A), 3-24-2026)
<br />Sec. 26-750. Purpose.
<br />Because the city recognizes that many persons under the age of 21 years purchase or otherwise obtain,
<br />possess, and use tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices, and
<br />such sales, possession, and use are violations of both state and federal laws; and because studies, which are
<br />accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 21
<br />years and that those persons who reach the age of 21 years without having started smoking are significantly less
<br />likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems
<br />which subsequently place a financial burden on all levels of government; this article shall be intended to regulate
<br />(Supp. No. 15, Update 2)
<br />Created: 2026-07-29 16:21:19 [EST]
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