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of title or possession for consideration, exchange or barter, in any manner or by any <br />means. <br />TOBACCO PRODUCT means any product containing, made, or derived from tobacco or <br />nicotine that is intended for human consumption, whether smoked, heated, chewed, <br />absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, <br />but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and <br />snuff; and any electronic device that delivers nicotine to the person inhaling from the <br />device, including, but not limited to, an electronic cigarette, electronic cigar or electronic <br />pipe. "Tobacco Product" does not include any product that has been approved by the <br />United States Food and Drug Administration for sale as a tobacco cessation product or <br />for other therapeutic purposes where such product is marketed and sold solely for such <br />an approved purpose. <br />TOBACCO RETAILER means any store, stand, booth, concession or any other enterprise <br />that engages in the retail sale of tobacco products. <br />Sec. 15.41. — SALE OR DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS <br />PROHIBITED. <br />A. No person or tobacco retailer shall sell or distribute any flavored tobacco product, <br />except those businesses with a valid tobacco retailer's permit selling flavored <br />tobacco exclusively for on-site hookah consumption as of November 22, 2021. <br />Such exception cannot be transferred or assigned to a subsequent owner of a <br />qualifying business. <br />B. There shall be a rebuttable presumption that a tobacco product is a flavored <br />tobacco product if a manufacturer or any of the manufacturer's agents or <br />employees, in the course of their agency or employment, has made a statement <br />or claim directed to consumers or to the public that the tobacco product has or <br />produces a characterizing flavor including, but not limited to, text, color, and/or <br />images on the product's labeling or packaging that are used to explicitly or implicitly <br />communicate that the tobacco product has a characterizing flavor. <br />Sec. 15.42 — SALE OR DISTRIBUTION OF ELECTRONIC CIGARETTES AND <br />ELECTRONIC SMOKING DEVICES PROHIBITED. <br />No person or tobacco retailer shall sell or distribute any electronic cigarette or <br />electronic smoking device. <br />Sec. 15.43 — SALE OR DISTRIBUTION OF TOBACCO PRODUCTS BY A PHARMACY <br />PROHIBITED. <br />ATTY/ORD.547/CC ORDINANCE FLAVORED TOBACCO ORD. NO. 2501 <br />REV: 12-01-2021 RL MUFF NO. 301 <br />Page 4 of 5 <br />