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9.A. - Page 26 of 31 <br />File Number: 19-842 <br />Enactment Number: ORD 1588-2019 <br />Chapter 6.47 <br />Sales of Flavored Tobacco Products, Pharmacy Sales of Tobacco <br />Products, and Sales of Electronic Smoking Devices Prohibited <br />Section 6.47. 010 <br />Definitions <br />Section 6.47.020 <br />Sale or offer for sale of flavored tobacco products prohibited <br />Section 6.47.030 <br />Sale or offer for sale of electronic smoking devices prohibited <br />Section 6.47.040 <br />Sale or offer for sale of tobacco products by a pharmacy prohibited <br />Section 6.47.050 <br />Exemptions <br />Section 6.47.060 <br />Public nuisance <br />Section 6.47.070 <br />No conflict with federal or state law <br />Section 6.47.080 <br />Authorization of enforcement by San Mateo County personnel <br />Section 6.47.090 <br />Violation and Enforcement <br />Section 6.47. 100 <br />Severability <br />Section 6.47.010 Definitions <br />For the purposes of this chapter, the following definitions shall govern unless the context clearly requires <br />otherwise: <br />(a) "Adult" means, for the purposes of this chapter, an individual over the age of twenty-one (21) or <br />older. <br />(b) "Adult -only retailer" means any retailer or businesses that allow entry only by adults onto the entire <br />premises of the business or retailer, or that require minors to be accompanied by a parent, guardian, or <br />another adult in order to enter the entire premises of the business or the retailer. The definition of an <br />"adult -only retailer" does not include any retailer or business that only prohibits minor from entering <br />certain sections, divisions, or a part of the premises that are marked or otherwise restricted as adult -only <br />and allows minors to otherwise enter the remainder of its premises unaccompanied by a parent, guardian <br />or another adult. <br />(c) "Characterizing flavor" means a distinguishable taste or aroma or both, other than the taste or aroma <br />of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. <br />Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, <br />vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A <br />tobacco product shall not be determined to have a characterizing flavor solely because of the use of <br />additives or flavorings or the provision of ingredient information. Rather, it is the presence of a <br />distinguishable taste or aroma, or both, as described in the first sentence of this definition, that <br />constitutes a characterizing flavor. <br />(d) "Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or <br />reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, <br />manufacture, or packing of the tobacco product. <br />(e) "Distinguishable" means perceivable by either the sense of smell or taste. <br />(f) "Flavored tobacco product" means any tobacco product that contains a constituent that imparts a <br />City of South San Francisco Page a <br />303 <br />