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PART II ‐ THE CODE Chapter 18 ‐ HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL
<br />LICENSE
<br />Santa Ana, California, Code of Ordinances Created: 2021‐07‐14 10:10:37 [EST] (Supp. No. 25)
<br />Page 1 of 7
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<br />ARTICLE III. TOBACCO RETAIL LICENSE
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<br />Sec. 18‐90. Definitions.
<br />The following words and phrases, whenever used in this article, shall have the meanings
<br />defined in this section unless the context clearly requires otherwise:
<br />(a) "Department" means the Santa Ana Police Department.
<br />(b) "Chief" means the Chief of Police or designee.
<br />(c) “Delivery sale” means the sale of any tobacco product to any person for personal
<br />consumption and not for resale when the sale is conducted by any means other than an in‐
<br />person, over‐the‐counter sales transaction in a tobacco retail establishment. Delivery sale
<br />includes the sale of any tobacco product when the sale is conducted by telephone, other voice
<br />transmission, mail, the internet, or app‐based service. Delivery sale includes delivery by
<br />licensees or third parties by any means, including curbside pick‐up.
<br />(d) “Electronic smoking device” means any device that may be used to deliver any
<br />aerosolized or vaporized substance to the person inhaling from the device, including, but not
<br />limited to, an e‐cigarette, e‐cigar, e‐pipe, vape pen, or e‐hookah. Electronic smoking device
<br />includes any component, part, or accessory of the device, and also includes any substance that
<br />may be aerosolized or vaporized by such device, whether or not the substance contains
<br />nicotine. Electronic smoking device does not include drugs, devices, or combination products
<br />authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the
<br />Federal Food, Drug, and Cosmetic Act.
<br />(e) “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other
<br />than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior
<br />to, or during the consumption of, a tobacco product, including, but not limited to, any taste or
<br />smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses,
<br />or any candy, dessert, alcoholic beverage, herb, or spice.
<br />(fc) "Person" means any natural person, partnership, cooperative association, corporation,
<br />personal representative, receiver, trustee, assignee, or any other legal entity, and includes the
<br />definition of "person" found in Section 1‐2 of the Code.
<br />(g) “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced
<br />by a pharmacist licensed by the State of California in accordance with the Business and
<br />Professions Code and where prescription pharmaceuticals are offered for sale, regardless of
<br />whether the retail establishment sells other retail goods in addition to prescription
<br />pharmaceuticals.
<br />Commented [PHLC1]: Note that in crafting an ordinance,
<br />our model ordinance contains numerous helpful findings
<br />you may want to include on the rationale and effectiveness
<br />of flavor prohibitions, pharmacy sales prohibitions, and
<br />density restrictions, among others.
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