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(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. <br />(f) Tobacco product" means: (1) any substance containing tobacco leaf, <br />including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, <br />chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or (2) any <br />product or formulation of matter containing biologically active amounts of nicotine that is <br />manufactured, sold, offered for sale, or otherwise distributed with the expectation that <br />the product or matter will be introduced into the human body, but does not include any <br />product specifically approved by the United States Food and Drug Administration for <br />use in treating nicotine or tobacco product dependence. <br />(g) "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. <br />Sec. 18-91. Tobacco retailer license. <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 />(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 />(c) Each day on which a prohibited act occurs shall constitute a separate <br />violation. <br />(d) It shall be unlawful fora 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 />(e) Each tobacco retailer license shall be prominently displayed in a publicly <br />visible location at the licensed location. <br />Sec. 18-92. Limits on tobacco retail license. <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 vehicles is prohibited. <br />Ordinance No. NS-XXX <br />Page 4 of 12 <br />11 A-4 <br />