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SELF - SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, or
<br />tobacco related devices in any manner where any person shall have access to the tobacco, tobacco
<br />products, or tobacco related devices, without the assistance or intervention of the licensee or the
<br />licensee's employee. The assistance or intervention shall entail the actual physical exchange of
<br />tobacco, tobacco product, or tobacco related device between the customer and the licensee or
<br />employee. SELF - SERVICE MERCHANDISING shall not include vending machines.
<br />SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which
<br />greater than ninety percent (90 %) of the business's gross revenue must be from the sale of
<br />tobacco, tobacco products or smoking - related accessories.
<br />TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf,
<br />including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff; fine cut or
<br />other chewing tobacco; dipping tobacco; snus; bidis, or any other preparation of tobacco;
<br />cheroots; stogies, perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking
<br />tobacco; ... and any product or formulation of matter containing biologically active amounts of
<br />nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation
<br />that the product or matter will be introduced into the human body, but does not include any
<br />cessation product approved by the United States Food and Drug Administration for use as a
<br />medical treatment to reduce and eliminate nicotine or tobacco dependence.
<br />TOBACCO RELATED DEVICES. Any tobacco product as well as a pipe, rolling
<br />papers, or other device intentionally designed or intended to be used in a manner which enables
<br />the chewing, sniffing, or smoking of tobacco or tobacco products.
<br />TOBACCO SELLER. Any person who sells, distributes with an economic or a business
<br />purpose, offers for sale tobacco, tobacco products or tobacco - related devices. This definition is
<br />without regard to the quantity of tobacco, tobacco products, or tobacco - related devices sold,
<br />distributed, offered for sale, exchanged, or offered for exchange.
<br />VENDING MACHINE. Any mechanical, electric, or electronic, or other type of device
<br />which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of
<br />money, tokens, or other forms of payment directly into the machine by the person seeking to
<br />purchase the tobacco, tobacco product, or tobacco related device.
<br />(1993 Code, § 510.02)
<br />§ 111.047 LICENSE REQUIRED.
<br />(A) Generally. No person may directly or indirectly or by means of any device keep for
<br />retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco
<br />products, or tobacco related devices, at any place in the City unless a license has first
<br />been issued by the City Council as provided in this section.
<br />(B) Specifically.
<br />(1) Application. An application for a license to sell tobacco, tobacco products,
<br />and tobacco related devices shall be made on a form provided by the City. The application shall
<br />contain the full name of the applicant, the applicant's residential and business addresses, and
<br />telephone numbers, the name of the business for which the license is sought, and any additional
<br />information the City deems necessary.
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