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Ordinance 2208 Exhibit A Page 9 of 12 2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. 3. Any component, part, or accessory of a tobacco product, whether or not sold separately. 4. Exception. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See Cal. Business and Professions Code §22950.5.) This definition may be used throughout Title 18. F. "Tobacco retailer" means a business which sells Tobacco Products and Tobacco Paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business. This definition may be used throughout Title 18. G. "Tobacco retail site" means a site where a tobacco retailer or tobacco store operates. H. "Tobacco store" means a retail business which primarily sells Tobacco Products; generates more than 60% of its gross revenues annually from the sale of Tobacco Products and tobacco paraphernalia; does not permit any person under 18 to enter unless with parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises. (See Cal. Business and Professions Code §22962.) This definition may be used throughout Title 18. 18.109.030 Prohibition and Effect on Existing Retail Sites. A. No person shall cause or permit the establishment of a new tobacco retail site within one thousand feet (1,000 ft.) of a public school, public park, or public recreation facility. B. A tobacco retail site which is within one thousand feet (1,000 ft.) of a public school, public park, or public recreation facility that is existing on the effective date of this ordinance may continue to operate, sell and display Tobacco Products and Tobacco Paraphernalia. 1. However, such pre-existing retail tobacco site shall then be subject to the nonconforming use provisions in Chapter 18.120. 2. When there is a change in ownership of such pre-existing retail tobacco site, the ability to operate, sell and display Tobacco Products and Tobacco Paraphernalia shall terminate upon change in ownership, unless otherwise required by law. 3. A retail tobacco site which qualifies under this section shall still be subject to other tobacco retail restrictions in the Municipal Code and state and federal law. 18.109.040 Measure of Distance. The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site building to the closest property line of the public school, public park, or public recreation facility. The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who