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<br />PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to,
<br />restaurants; banks; bars; restaurants; any other food or liquor establishment; hotels and motels; reception
<br />areas; retail establishments and other commercial establishments; shopping malls; educational facilities;
<br />hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; and common areas of
<br />rental apartment buildings.
<br />RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco related
<br />devices, or electronic delivery devices are available for sale to the general public. RETAIL
<br />ESTABLISHMENTS shall include, but not limited to, grocery stores, convenience stores, and
<br />restaurants.
<br />SALE. Any transfer of goods for money, trade, barter, or other consideration.
<br />SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, or tobacco related
<br />devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco
<br />related devices, without the assistance or intervention of the licensee or the licensee's employee. The
<br />assistance or intervention shall entail the actual physical exchange of tobacco, tobacco product, or
<br />tobacco related device between the customer and the licensee or employee. SELF-SERVICE
<br />MERCHANDISING shall not include vending machines.
<br />SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, tobacco
<br />related device, or any other lighted or heated tobacco or plant product, or inhaling or exhaling vapor from
<br />any electronic delivery device. SMOKING shall include carrying a lighted or heated cigar, cigarette,
<br />pipe, tobacco related device, electronic delivery device, or any other lighted or heated tobacco or plant
<br />product intended for inhalation.
<br />TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but
<br />not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff, fine cut or other chewing tobacco;
<br />dipping tobacco; snus; bidis, or any other preparation of tobacco; cheroots; stogies, perique; granulated,
<br />plug cut, crimp cut, ready -rubbed, and other smoking tobacco; and any product or formulation of matter
<br />containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
<br />otherwise distributed with the expectation that the product or matter will be introduced into the human
<br />body, but does not include any cessation product approved by the United States Food and Drug
<br />Administration for use as a medical treatment to reduce and eliminate nicotine or tobacco dependence.
<br />TOBACCO RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers, or other
<br />device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or
<br />smoking 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. Any mechanical, electric, or electronic, or other type of device which
<br />dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or
<br />other forms of payment directly into the machine by the person seeking to purchase the tobacco, tobacco
<br />product, or tobacco related device. (1993 Code, § 510.02) (Am. Ord. 2011-01, passed 4-26-2011)
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