|
<br />
<br />Ordinance No. NS - ____
<br />Page 5 of 8
<br />
<br />including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
<br />snus. leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
<br />snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco ; or
<br />(2) 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
<br />expectation that the product or matter will be introduced into the human body, but does
<br />not include any product specifically approved by the United States Food and Drug
<br />Administration for use in treating nicotine or tobacco product dependence. electronic
<br />smoking device and any substances that may be aerosolized or vaporized by such
<br />device, whether or not the substance contains nicotine; or (3) any component, part, or
<br />accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
<br />including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
<br />mouthpieces, and pipes.
<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 />
<br />(g)(k) "Tobacco retailer" means any person or busine ss who sells, offers for
<br />sale, or does or offers to exchange for any form of consideration, flavored tobacco
<br />product, tobacco, tobacco products, shisha tobacco product including flavored shisha
<br />tobacco product, or tobacco paraphernalia, or who distributes free or low cost samples
<br />of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing
<br />of any of these things. This definition is without regard to the quantity of tobacco,
<br />tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered
<br />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 />
|