|
Ordinance 2208
<br /> Page 5 of 12
<br /> G. The compelling purpose and intent of this chapter includes:
<br /> 1. To prevent young people from using nicotine until they are mature and capable of
<br /> making an informed and rational decision;
<br /> 2. To reduce significantly the ability of young people from illegally obtaining tobacco
<br /> products by banning the retail sale of flavored tobacco products, electronic smoking
<br /> devices and related paraphernalia;
<br /> 3. To reduce youth exposure to tobacco products at point of sale in grocery stores,
<br /> pharmacies, convenience stores and gas stations, as well as exposure to tobacco store
<br /> advertising, near youth-gathering places such as public schools, parks and recreation
<br /> facilities;
<br /> 4. To reduce the ability of young people to possess e-cigarettes in public parks or other
<br /> public places where youth gather, as that may influence other youth to try such tobacco
<br /> products;
<br /> 5. To promote generally the health and welfare of all people in the community against
<br /> the health hazards and harmful effects of using addictive tobacco products.
<br /> 9.32.020 Definitions. For the purposes of this chapter, the following terms shall be defined as
<br /> set forth herein:
<br /> A. "Arm's length transaction" means a sale in good faith and for valuable consideration that
<br /> reflects the fair market value between two informed and willing parties, neither of which is under
<br /> any compulsion to participate in the transaction. A sale between relatives, related companies or
<br /> partners, or a sale for which a significant purpose is avoiding the effect of violations of this
<br /> chapter is not an arm's length transaction.
<br /> B. "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco,
<br /> imparted either prior to or during consumption of a tobacco product or any byproduct produced
<br /> by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint,
<br /> wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or
<br /> spice.
<br /> C. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in
<br /> tobacco or any substance containing tobacco weighing more than three pounds per thousand.
<br /> D. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not
<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 /> E. "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 /> F. "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 /> G. "Deliver" means to commercially transfer tobacco products or tobacco paraphernalia to a
<br /> consumer at a location not permitted under this chapter.
<br /> H. "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 /> I. "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 /> J."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 />
|