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<br /> <br />Ordinance No. NS - ____ <br />Page 5 of 7 <br /> <br /> <br />“Tobacco product” does not include drugs, devices, or combination products <br />authorized for sale by the U.S. Food and Drug Administration, as those terms are <br />defined in the Federal Food, Drug, and Cosmetic Act. <br /> <br />[Public Health Law Center and American Lung Association (California) definition <br />including hookah tobacco] <br /> <br />(g)(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, or tobacco paraphernalia sold, offered for sale, <br />exchanged, or offered for exchange. <br /> <br />Sec. 18-91. Tobacco retailer license. <br /> <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 or tobacco paraphernalia, without obtaining <br />and maintaining a valid tobacco retailer's license pursuant to this article for each <br />location at which that activity is to occur. <br /> <br />(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or <br />employee thereof to violate any local, state, or federal tobacco-related law. <br /> <br />(c) Each day on which a prohibited act occurs shall constitute a separate <br />violation. <br /> <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, tobacco paraphernalia, or tobacco retailing. <br /> <br />(e) Each tobacco retailer license shall be prominently displayed in a publicly <br />visible location at the licensed location. <br /> <br /> <br />Sec. 18-92. - Limits on tobacco retail license. <br /> <br />(a) No license shall be issued to authorize tobacco retailing at other than a <br />fixed business place. Tobacco retailing by persons on foot or from <br />vehicles is prohibited. <br /> <br />(b) No license shall be issued to authorize tobacco retailing at any location for <br />which a tobacco retailer license suspension is in effect or during a period <br />of ineligibility following a revocation.