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9.A. - Page 27 of 31 <br />File Number. 19-842 <br />characterizing flavor. <br />Enactment Number. ORD 1588-2019 <br />(g) "Labeling" means written, printed, pictorial, or graphic matter upon any tobacco product or any of its <br />packaging. <br />(h) "Minor" means, for the purposes of this chapter, an individual under the age of twenty-one (21). <br />(i) "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any <br />wrapping (including cellophane) in which a tobacco product is sold, or offered for sale, to a consumer. <br />0) "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a <br />pharmacist licensed by the State of California in accordance with the Business and Professions Code and <br />where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment <br />sells other retail goods in addition to prescription pharmaceuticals. <br />(k) "Tobacco product" is defined as set forth in section 20.420.002 of this Code. <br />(1) "Tobacco retailer" means any store, stand, booth, concession or any other enterprise that engages in <br />the retail sale of tobacco products or tobacco paraphernalia as defined in section 20.420.002 of this <br />Code, including but not limited to stores that engage in the retail sale of food items. <br />Section 6.47.020 Sale or offer for sale of flavored tobacco products prohibited. <br />(a) Except for adult -only retailers as defined in this Chapter, no person or tobacco retailer as defined in <br />this Chapter shall sell, or offer to sell, any flavored tobacco product. <br />(b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a <br />manufacturer or any of the manufacturer's agents or employees, in the course of their agency or <br />employment, has made a statement or claim directed to consumers or to the public that the tobacco <br />product has or produces a characterizing flavor including, but not limited to, text, color, and/or images <br />on the product's labeling or packaging that are used to explicitly or implicitly communicate that the <br />tobacco product has a characterizing flavor. <br />Section 6.47.030 Sale or offer for sale of electronic smoking devices prohibited; <br />Except for adult -only retailers as defined in this Chapter, no person or tobacco retailer as defined under <br />this Chapter shall sell, or offer to sell, any electronic smoking device as defined in Section 8.50.090 of <br />this Code. <br />Section 6.47.040 Sale or offer for sale of tobacco products by a pharmacy prohibited. <br />(a) Notwithstanding any provisions of this Chapter, no pharmacy or pharmacy employee or agent shall <br />sell or offer for sale any tobacco product. <br />City of South San Francisco Page 9 <br />304 <br />