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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 8 of 13
<br />RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of tobacco
<br />products and accessories.
<br />SELL, SALE or TO SELL: Any transaction where, for any consideration, ownership is
<br />transferred from one (1) person or entity to another including, but not limited to, any
<br />transfer of title or possession for consideration, exchange or barter, in any manner or by
<br />any means.
<br />SENIOR CITIZENS ORGANIZATION: Only those organizations having a minimum of
<br />twenty (20) members, the eligibility of membership of which requires that members shall
<br />be at least fifty (50) years of age, and the purpose of which is to provide educational and
<br />recreational activities for its members.
<br />SERVICE LINE: Any indoor line at which one (1) or more persons are waiting for or
<br />recovering service of any kind, whether or not such service includes the exchange of
<br />money.
<br />SMOKE: The gases, particles, or vapors released into the air as a result of combustion,
<br />electrical ignition, or vaporization when the apparent or usual purpose of the combustion,
<br />electrical ignition, or vaporization is human inhalation of the byproducts, except when the
<br />combusting or vaporizing material contains no tobacco or nicotine and the purpose of
<br />inhalation is solely olfactory, such as, for example, smoke from incense. The term
<br />"smoke" includes, but is not limited to, tobacco smoke, electronic smoking device vapors,
<br />cannabis smoke, and smoke released into the air by combustion, electrical ignition, or
<br />vaporization of any illegal drugs.
<br />SMOKING: Shall have the same meaning as defined in California Business and
<br />Professions Code Section 22950.5(c), which as of the effective date of the ordinance from
<br />which this Article is derived means, inhaling, exhaling, burning, or carrying any lighted or
<br />heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product
<br />intended for inhalation, whether natural or synthetic, in any manner or in any form.
<br />"Smoking" includes the use of an electronic smoking device that creates an aerosol or a
<br />vapor, in any manner or in any form, or the use of any oral smoking device for the purpose
<br />of circumventing the prohibition of smoking.
<br />SMOKE-FREE RESIDENCE: A multi-unit residence that complies with the requirements
<br />of this Article as of January 1, 2018.
<br />SPORTS ARENA: Sports pavilions, gymnasiums, health spas, boxing arenas, swimming
<br />pools, roller and ice rinks, bowling alleys and other similar places where members of the
<br />public assemble to engage in physical exercise, participate in athletic competition or
<br />witness sports events.
<br />TOBACCO PRODUCT: 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, any electronic smoking device as defined herein,
<br />including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or
<br />hookah. "Tobacco product" does not include any product that has been approved by the
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