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9.A. - Page 29 of 31
<br />File Number. 19-842 Enactment Number. ORD 1588-2019
<br />Section 6.47.100 Severability
<br />If any provision, section, subsection, sentence, clause, phrase, or word of this Chapter 6.47, or any
<br />application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of
<br />competent jurisdiction, such decision shall not affect the validity of the remaining portions or
<br />applications of the chapter. The City Council hereby declares that it would have passed this chapter, and
<br />each provision, section, subsection, sentence, clause, phrase, and word not declared invalid or
<br />unconstitutional without regard to whether any other portion of this chapter or application thereof would
<br />be subsequently declared invalid or unconstitutional.
<br />SECTION 4. Amendment to Title 20
<br />Title 20, Chapter 20.420 of the South San Francisco Municipal Code is hereby amended to read as
<br />follows. Sections and subsections that are not amended by this Ordinance are not included below, and
<br />shall remain in full force and effect.
<br />20.420.002 Definitions
<br />The words and phrases included in this section shall have the following meanings, unless it is clearly
<br />apparent from the context that another meaning is intended:
<br />"Significant tobacco retailer" means any tobacco retailer whose principal or core business is selling
<br />tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: 20 percent or
<br />more of floor area and display area is devoted to the sale or exchange of tobacco products, tobacco
<br />paraphernalia, or both; 67 percent or more of gross sales receipts are derived from the sale or exchange
<br />of tobacco products, tobacco paraphernalia, or both; or 50 percent or more of completed sales
<br />transactions include a tobacco product or tobacco paraphernalia.
<br />"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all
<br />types, cigarette rolling machines, any electronic cigarette and any other item designed for the smoking or
<br />ingestion of tobacco products.
<br />"Tobacco products" mean (1) any substances containing any tobacco leaf, including, but not limited to,
<br />cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, flavored tobacco as defined under Chapter
<br />6.47 of this Code, and smokeless tobacco-; and (2) any electronic device that delivers nicotine or other
<br />substances to the person inhaling from the device, including, but not limited to, an electronic cigarette,
<br />electronic cigar, electronic pipe, or electronic hookah. Notwithstanding the foregoing, "tobacco product"
<br />includes any component, part, or accessory intended or reasonably expected to be used with a tobacco
<br />product, whether or not sold separately. "Tobacco product" does not, however, include any product that
<br />has been approved by the United States Food and Drug Administration for sale as a tobacco cessation
<br />product or for other therapeutic purposes where such product is marketed and sold solely for such an
<br />approved purpose.
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