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75B - AMENDING CH 18 ARTICLE 111
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75B - AMENDING CH 18 ARTICLE 111
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1/3/2012 4:43:40 PM
Creation date
10/11/2006 10:58:27 AM
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City Clerk
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Agenda Packet
Item #
75B
Date
10/16/2006
Destruction Year
2011
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<br />(c) "Person" means any natural person, partnership, cooperative <br />association, corporation, personal representative, receiver, trustee, assignee, or <br />any other legal entity, and includes the definition of "person" found in Section 1-2 <br />of the Code. <br /> <br />(d) "Proprietor" means a person with an ownership or managerial <br />interest in a business. An ownership interest shall be deemed to exist when a <br />person has a ten percent (10%) or greater interest in the stock, assets, or income <br />of a business other than the sole interest of security for debt. A managerial <br />interest shall be deemed to exist when a person can or does have or share <br />ultimate control over the day-to-day operations of a business. <br /> <br />(e) "Tobacco paraphernalia" means cigarette papers or wrappers, <br />pipes, holders of smoking materials of all types, cigarette rolling machines, and <br />any other item designed for the smoking, preparation, storing, or consumption of <br />tobacco products. <br /> <br />(f) Tobacco product" means: (1) any substance containing tobacco <br />leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, <br />snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of <br />tobacco; or (2) any product or formulation of matter containing biologically active <br />amounts of nicotine that is manufactured, sold, offered for sale, or otherwise <br />distributed with the expectation that the product or matter will be introduced into <br />the human body, but does not include any product specifically approved by the <br />United States Food and Drug Administration for use in treating nicotine or <br />tobacco product dependence. <br /> <br />(g) "Tobacco retailer" means any person or business who sells, offers <br />for sale, or does or offers to exchange for any form of consideration, tobacco, <br />tobacco products, or tobacco paraphernalia, or who distributes free or low cost <br />samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall <br />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 <br />sale, 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 <br />display or advertise the sale of tobacco products or tobacco paraphernalia, <br />without obtaining and maintaining a valid tobacco retailer's license pursuant to <br />this article for each location at which that activity is to occur. <br /> <br />Ordinance No. NS-XXX <br />Page 4 of 13 <br /> <br />758-9 <br />
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