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when a person can or does have or share ultimate control over the day-to-day <br />operations of a business. <br />(g) "Tobacco product" means any of the following: (1) a product containing, <br />made or derived from tobacco or nicotine that is intended for human consumption, <br />whether smoked, heated or chewed, absorbed, dissolved, inhaled, snorted, sniffed or <br />ingested by any other means, including but not limited to, cigarettes, cigars, little cigars, <br />hookah tobacco, chewing tobacco, pipe tobacco or snuff; (2) an electronic device that <br />delivers nicotine or other vaporized liquids to the person inhaling from the device, <br />including but not limited to, an electronic cigarette, cigar, pipe or hookah; (3) any <br />component, part or accessory of a tobacco product whether or not sold separately. <br />"Tobacco product" does not include a nicotine replacement product approved by the US <br />Food and Drug Administration. <br />(h) "Tobacco retailer" means any person or business who sells, offers for <br />sale, or does or offers to exchange for any form of consideration, flavored tobacco <br />product, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or <br />low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" <br />shall mean the doing of any of these things. This definition is without regard to the <br />quantity of tobacco, tobacco products sold, offered for sale, exchanged, or offered for <br />exchange. <br />Sec. 18-91. Tobacco retailer license. <br />(a) It shall be unlawful for any person to act as a tobacco retailer, or to display <br />or advertise the sale of tobacco products without obtaining and maintaining a valid <br />tobacco retailer's license pursuant to this article for each location at which that activity is <br />to occur. <br />(b) It shall be unlawful for a licensed tobacco retailer, or an agent or employee <br />thereof to violate any local, state, or federal tobacco -related law. <br />(c) Each day on which a prohibited act occurs shall constitute a separate <br />violation. <br />(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's <br />agents or employees, to violate any local, state, or federal law applicable to sale, <br />display or advertising of tobacco products or tobacco retailing. <br />(e) Each tobacco retailer license shall be prominently displayed in a publicly <br />visible location at the licensed location. <br />Ordinance No. NS - <br />City Council 11 — 6 3/1 TRU of 6 <br />