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<br /> 802-2 <br />displays for sale Licensed Products Tobacco Products, Tobacco-Related Devices, and <br />Delivery Devices as an accessory use to the establishment’s primary business <br />purpose. The sale of such Licensed Tobacco Products, shallProducts shall be merely <br />incidental to the establishment’s primary business purpose. The section displaying <br />for Licensed Products tobacco products shall comprise an area no greater than fifty <br />(50) cubic feet and must be located within the immediate vicinity of the <br />establishment’s primary point of sale. There can be no entrance door from the <br />outside opening directly to the section of store displaying Licensed Productstobacco. <br />A separate point of sale for tobacco Licensed Product sales shall be prohibited. <br /> <br />(b) "Tobacco Product" means any product containing, made, or derived from tobacco <br />that is intended for human consumption, whether chewed, smoked, absorbed, <br />dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any <br />component, part, or accessory of a tobacco product including but not limited to <br />cigarettes; cigars; cheroots; stogies; perique; granulated, plug-cut, crimp-cut, ready <br />rubbed and other smoking tobacco; snuff; snuff flowers; cavendish; plug and twist <br />tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, <br />cuttings and sweepings of tobacco and other kinds and forms of tobacco, prepared in <br />such a manner as to be suitable for chewing or smoking in a pipe, or other tobacco <br />related devices. Tobacco Product does not include any product that has been <br />approved by the U.S. Food and Drug Administration for sale as a tobacco-cessation <br />product, as a tobacco-dependence product, or for other medical purposes, and is <br />being marketed and sold solely for such an approved purpose. <br /> <br />(c) "Self-Service Merchandising" means a method of displaying Tobacco Licensed <br />Products, in a manner in which such Licensed Tobacco Products areProducts are <br />accessible to the public without the intervention of any employee. <br /> <br />(d) "Vending Machine" means any mechanical, electric or electronic device, appliance or <br />any other medium or object designed or used for vending purposes which, upon <br />insertion of money, tokens or any other form of payment, dispenses Tobacco <br />Productsdispenses Licensed Products. <br /> <br />(e) “Tobacco Store” means a retail establishment with an entrance door opening directly <br />to the outside that derives more than 90 percent of its gross revenue from the sale of <br />Tobacco Products, Tobacco-Related Devices, and Delivery DevicesLicensed <br />Products in which the sale of other products is merely incidental. This definition <br />does not include an accessory tobacco section of any business establishment meeting <br />the definition of General Sales and Display in paragraph (a) of this section. <br /> <br />(f) “Tobacco-related Related deviceDevice” means any pipe, rolling papers, ashtray, or <br />other device intentionally designed or intended to be used in a manner which enables <br />the chewing, sniffing or smoking ofwith tobacco or tTobacco productsProducts. <br />Commented [KT3]: Licensed Products is now a “catch all” <br />phrase for tobacco products, tobacco related devices and e-cigarettes <br />Commented [NCP4]: This appears unnecessary. The definition <br />above defines a set up where the sale of covered products is incidental <br />to the establishment. Here, a store must have 90% of its revenue <br />come from the sale of covered products in order to fit within the <br />definition of a tobacco store. This last sentence does not appear to be <br />necessary and, again, seems a bit difficult for laypersons to follow <br />and to be able to comply with.