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<br />Ordinance No. NS - ____
<br />Page 4 of 7
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<br />(d)(f) "Proprietor" means a person with an ownership or managerial interest in a
<br />business. An ownership interest shall be deemed to exist when a person has a ten
<br />percent (10%) or greater interest in the stock, assets, or income of a bus iness other
<br />than the sole interest of security for debt. A managerial interest shall be deemed to exist
<br />when a person can or does have or share ultimate control over the day -to-day
<br />operations of a business.
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<br />(e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes,
<br />holders of smoking materials of all types, cigarette rolling machines, and any other item
<br />designed for the smoking, preparation, storing, or consumption of tobacco products.
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<br />(f)(g) Tobacco product" means: (1) any product or substance containing, made
<br />of, or derived from tobacco or nicotine that is intended for human consumption leaf,
<br />whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or
<br />ingested by any other means, including but not limited to cigarettes, cigars, pipe
<br />tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
<br />preparation of tobacco; or (2) an electronic device that delivers nicotine or other
<br />vaporized liquids to the person inhaling from the device, including but not limited to, an
<br />electronic cigarette, cigar, pipe or hookah ; or (3) any component, part, accessory of
<br />subsections (1) or (2), whether or not any of these contain tobacco or nicotine, including
<br />but not limited to filters, rolling papers, blunt or hemp wraps; any product or formulation
<br />of matter containing biologically active amounts of nicotine that is manufactured, sold,
<br />offered for sale, or otherwise distributed with the exception that the product or matter
<br />will be introduced into the human body, but does not include any product specifically
<br />approved by the United States Food and Drug Administration for use in treating nicotine
<br />or tobacco product dependence.
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<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, tobacco, tobacco
<br />products, or tobacco paraphernalia, or who distributes free or low cost samples of
<br />tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of
<br />any of these things. This definition is without regard to the quantity of tobacco, tobacco
<br />products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for
<br />exchange.
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<br />Sec. 18-91. Tobacco retailer license.
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<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.
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<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.
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