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05-25-2022 Council Packet
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05-25-2022 Council Packet
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3 <br /> <br />section of store displaying Licensed Products. A separate point of sale for Licensed <br />Product sales shall be prohibited. <br /> <br />(b) "Tobacco Product" means any product containing, made, or derived from tobacco that <br />is intended for human consumption, whether chewed, smoked, absorbed, dissolved, <br />inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or <br />accessory of a tobacco product including but not limited to cigarettes; cigars; cheroots; <br />stogies; perique; granulated, plug-cut, crimp-cut, ready rubbed and other smoking <br />tobacco; snuff; snuff flowers flour; cavendish; plug and twist tobacco; fine-cut and <br />other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of <br />tobacco and other kinds and forms of tobacco, prepared in such a manner as to be <br />suitable for chewing or smoking in a pipe, or other tobacco related devices. Tobacco <br />Product does not include any product that has been approved by the U.S. Food and <br />Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence <br />product, or for other medical purposes, and is being marketed and sold solely for such <br />an approved purpose. Tobacco does not include any nicotine cessation product that <br />has been authorized by the U.S. Food and Drug Administration to be marketed and for <br />sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, <br />Drug and Cosmetic Act. <br /> <br />(c) "Self-Service Merchandising" means the open display of licensed products in a retail <br />establishment in any manner where any person has access to the licensed products <br />without the assistance or intervention of the licensee or the licensee’s employee, and <br />where a physical exchange of the licensed product from the licensee or the licensee’s <br />employee to the customer is not required in order to access the licensed products. a <br />method of displaying Licensed Products, in a manner in which such Licensed Products <br />are 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 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 />Licensed Products in which the sale of other products is merely incidental. This <br />definition does not include an accessory tobacco section of any business establishment <br />meeting the definition of General Sales & Display in paragraph (a) of this section. <br /> <br />(f) “Tobacco-Related Device” means any wraps, pipes, rolling papers, ashtray, or other <br />device intentionally designed or intended to be used with Tobacco Products. Tobacco- <br />Related Devices include components of tobacco-related devices or tobacco products, <br />which may be marketed or sold separately. Tobacco-Related Devices may or may not <br />contain tobacco. <br /> <br />(g) “Compliance Checks” are the system the city uses to investigate and ensure that those <br />authorized to sell Licensed Products are following and complying with the <br />requirements of this ordinance. Compliance checks shall involve the use of persons <br />under the age of 21 who purchase or attempt to purchase licensed products. as <br />authorized by this ordinance. Compliance checks shall may also mean the use of
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