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9.A. - Page 17 of 31 <br />4.95.010. Application of Chapter. <br />The provisions of this Chapter shall apply within the unincorporated area of San <br />Mateo County, except that this ordinance shall not apply to the duty —free retail <br />stores at San Francisco International Airport. <br />4.95.020. Definitions. <br />For the purposes of this Chapter, the following definitions shall govern unless the <br />context clearly requires otherwise: <br />(a) "Distribute" or "Distribution" means the transfer .by any Person other than a <br />common carrier, at any point from the place of manufacture or thereafter to <br />a Person who sells the electronic cigarette or other electronic smoking <br />device. <br />(b) "Electronic Cigarette" has the meaning set forth in Section 30121 of the <br />California Revenue and Taxation Code, as may be amended from time to <br />time. <br />(c) "Person" means any individual, partnership, cooperative association, <br />private corporation, or any other legal entity. <br />(d) "Tobacco Retailer" means any store, stand, booth, concession or other <br />enterprise that engages in the retail sale or exchange of tobacco products <br />(as defined in subsection (h) of section 4.96.030 of this Code), electronic <br />cigarettes, or electronic smoking devices. <br />(e) "Sell", "Sale" or "to Sell" mean any transaction where, for any consideration, <br />ownership is transferred from one Person or entity to another including, but <br />not limited to any transfer of title or possession for consideration, exchange <br />or barter, in any manner or by any means. <br />4.95.030. Sale or Distribution of Electronic Cigarettes Prohibited. <br />No Person, Tobacco Retailer or other legal entity shall sell or distribute any <br />Electronic Cigarette to a Person in unincorporated San Mateo County. <br />4.95.040 Enforcement. <br />(a) The Health System Chief, or his or her designee, may enforce this Chapter <br />by suspension of a tobacco retailer's permit and/or imposition of <br />administrative fines following the procedures and amounts set forth in <br />Sections 4.98.150 and 4.98.160 of Chapter 4.98 of this Ordinance Code. <br />294 <br />