Ordinance 2208
<br /> Exhibit A
<br /> Page 3 of 12
<br /> containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco
<br /> which, because of its appearance, the type of tobacco used in the filler, or its Packaging and
<br /> Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette as described
<br /> herein.
<br /> D. "Consumer" means a Person who purchases or intends to purchase a Tobacco Product or
<br /> Tobacco Paraphernalia for consumption or use and not for Sale to another.
<br /> E. "Coupon" means any voucher, rebate card, paper, note, form, statement, ticket, image, or
<br /> other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an
<br /> article, product, service, or accommodation without charge or at a discounted price.
<br /> F. "Deliver" means to commercially transfer Tobacco Products or Tobacco Paraphernalia to a
<br /> Consumer at a location not licensed under this Chapter.
<br /> G. "Distribution" means to give, sell, deliver, dispense, issue, or cause or hire any person to
<br /> give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
<br /> C. "E-cigarette" or "Electronic Cigarette" means an activated or functioning device, whether an
<br /> electronic device as defined by California Health and Safety Code Section 104495 or a similar
<br /> device, including, but not limited to, a device intended to emulate smoking, which permits a
<br /> person to inhale vapors, vaporized liquids or mists that may or may not include nicotine.
<br /> D. "Electronic smoking device" means an electronic device that delivers nicotine or other
<br /> vaporized liquids to the person inhaling from the device, including, but not limited to, an
<br /> Electronic Cigarette, Cigar, pipe, or hookah. (See Cal. Health and Safety Code §104495.)
<br /> Exempt from this definition is any product specifically approved by the U.S. Food and Drug
<br /> Administration for use in the mitigation, treatment or prevention of disease.
<br /> E. "Flavored Tobacco Product" means any Tobacco Product that imparts a Characterizing
<br /> Flavor.
<br /> F. "Full Retail Price" means the price listed for a Tobacco Product on its Packaging or on any
<br /> related shelving, advertising, or display where the Tobacco Product is Sold, plus all applicable
<br /> taxes and fees if such taxes and fees are not included in the listed price.
<br /> G. "Labeling" means written, printed, or graphic matter upon any Tobacco Product or any of its
<br /> Packaging, or accompanying such Tobacco Product.
<br /> H. "Little Cigar" means any rolled tobacco other than a Cigarette wrapped entirely or in part in
<br /> tobacco or any substance containing tobacco and weighing no more than three pounds per
<br /> thousand. "Little Cigar" includes, but is not limited to, Tobacco Products known or labeled as
<br /> small cigar, little cigar or cigarillo.
<br /> I. "Manufacturer" means any Person, including any re-packer or re-labeler, who manufactures,
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