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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT)
<br />REV: 04-21-26 VR
<br />Page 5 of 13
<br />Exhibit A
<br />
<br />Sec. 15.2. DEFINITIONS:
<br />The following words, terms and phrases, when used in this Chapter, shall have the
<br />meanings ascribed to them in this Section, except where the context clearly indicates a
<br />different meaning:
<br />ADJACENT UNENCLOSED PROPERTY: Means any unenclosed area of property,
<br />publicly or privately owned, that abuts a multi-unit residence but does not include property
<br />containing detached single-family homes.
<br />BAR: An area which is devoted to the serving of alcoholic beverages and in which the
<br />service of food is only incidental to the consumption of such beverages.
<br />BUSINESS: Any sole proprietorship, partnership, joint venture, corporation or other
<br />business entity formed for profit-making purposes, including retail establishments where
<br />goods or services are sold or rendered, as well as professional corporations and other
<br />entities where legal, medical, dental, engineering, architectural or other professional
<br />services are delivered.
<br />CHARACTERIZING FLAVOR: A distinguishable taste, aroma, or both, other than the
<br />taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by
<br />the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma
<br />relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
<br />menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to
<br />have a characterizing flavor solely because of the use of additives or flavorings or the
<br />provision of ingredient information. Rather, it is the presence of a distinguishable taste or
<br />aroma or both, as described in the first sentence of this definition that constitutes a
<br />characterizing flavor.
<br />COMMON AREA: Every enclosed area and every unenclosed area in a multi-unit
<br />residence that residents of more than one (1) unit are entitled to enter or use, including,
<br />without limitation, halls, pathways, lobbies, courtyards, elevators, stairs, community
<br />rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy
<br />or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
<br />CONSTITUENT: Any ingredient, substance, chemical, or compound, other than tobacco,
<br />water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco
<br />product during the processing, manufacture, or packing of the tobacco product.
<br />DISTINGUISHABLE: Perceivable by either the sense of smell or taste.
<br />DISTRIBUTE or DISTRIBUTION: The transfer by any person other than a common
<br />carrier, at any point from the place of manufacture or thereafter, to a person who sells the
<br />electronic cigarette or other electronic smoking device.
<br />ELECTRONIC CIGARETTE: Has the meaning set forth in Section 30121 of the California
<br />Revenue and Taxation Code, as may be amended from time to time.
<br />ELECTRONIC SMOKING DEVICE: An electronic device that can be used to deliver an
<br />inhaled dose of nicotine, or other substances, including any component, part, or
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