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5
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<br />mesh count) is not considered a wall.
<br />
<br />(l) “Licensed Products” means the term that collectively refers to any tobacco product,
<br />tobacco-related device, or electronic delivery device, or nicotine, lobelia delivery
<br />product.
<br />
<br />(m) “Child-resistant packaging” means packaging that meets the definition set forth in
<br />Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1,
<br />2015, and was tested in accordance with the method described in Code of Federal
<br />Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
<br />
<br />(n) “Nicotine or Lobelia Delivery Product” means any product containing or delivering
<br />nicotine or lobelia, whether natural or synthetic, intended for human consumption, or
<br />any part of such a product, that is not tobacco or an electronic delivery device as
<br />defined in this section. Nicotine or Lobelia Delivery Product does not include any
<br />nicotine cessation product that has been authorized by the U.S. Food and Drug
<br />Administration to be marketed and for sale as “drug,” “devices,” or “combination
<br />products,” as defined in the Federal Food, Drug and Cosmetic Act.
<br />
<br />(o) “Retail Establishment” means any place of business where Licensed Products are
<br />available for sale to the general public. Retail Establishment includes, but is not
<br />limited to, grocery stores, Tobacco Stores, liquor stores, convenience stores, gasoline
<br />service stations, bars, restaurants and establishments licensed for General Sales and
<br />Display as defined in this section.
<br />
<br />(p) “Sale” means any transfer of goods for money, trade, barter or other consideration.
<br />
<br />(q) “Youth-Oriented Facility” means any facility with residents, customers, visitors or
<br />inhabitants of which 25 percent or more are regularly under the age of 21 or that
<br />primarily sells, rents or offers services or products that are consumed or used primarily
<br />by persons under the age of 21. Youth-Oriented Facility includes, but is not limited
<br />to, schools, playgrounds, recreation centers and parks.
<br />
<br />(r) “Moveable Place of Business” means any form of business that is operated out of a
<br />kiosk, truck, van, automobile o rother type of vehicle or transportable shelter and that
<br />is not a fixed address or other permanent type of structure licensed for over-the-counter
<br />sales transactions.
<br />
<br />802.020. LICENSE REQUIRED.
<br />
<br />(a) License Required. No person shall, directly or indirectly, keep for retail sale, sell at
<br />retail, keep for wholesale, sell at wholesale or otherwise dispose of Licensed Products
<br />unless licensed by the City of Little Canada. A Tobacco Store license is available to
<br />a premise meeting the definition in Chapter 802.010 (e); a General Sales and Display
<br />license is available to a premise meeting the definition in Chapter 802.010 (a). License
<br />applications shall be submitted to the City Administrator, as required under Chapter
<br />802.030, together with the applicable license fee as determined from time to time by
<br />City Council resolution. A license may be issued only for the specific premises and
<br />individual identified in the application.
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