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Ordinance 2208
<br /> Page 6 of 12
<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 /> K. "Flavored tobacco product" means any tobacco product that imparts a characterizing flavor.
<br /> L. "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 /> M. "Labeling" means written, printed, or graphic matter upon any tobacco product or any of its
<br /> packaging, or accompanying such tobacco product.
<br /> N. "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 /> 0. "Manufacturer" means any person, including any re-packer or re-labeler, who manufactures,
<br /> fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco
<br /> product for sale or distribution into the United States.
<br /> P. "Package" or"Packaging" means a pack, box, carton, or container of any kind or, if no other
<br /> container, any wrapping (including cellophane) in which a tobacco product is sold or offered for
<br /> sale to a consumer.
<br /> Q. "Person" shall mean any natural person, firm, partnership, joint venture, unincorporated
<br /> association, corporation, estate, trust, trustee, or any other group or combination of the above
<br /> acting as a unit, or other legal entity, excepting however the United States of America, the state
<br /> of California, and any political subdivision or unit thereof.
<br /> R. "Proprietor" means a person with an ownership interest in a business. An ownership interest
<br /> shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock,
<br /> assets or income of a business other than the sole interest of security for debt.
<br /> S. "Sale" or "Sell" or"Sold" means any transfer, exchange, barter, gift, sale, distribution for a
<br /> commercial purpose, or offer of any of the foregoing, in any manner or means whatsoever.
<br /> T. "Smoke" or"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated
<br /> cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for
<br /> inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the
<br /> use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any
<br /> form, or the use of any oral smoking device for the purpose of circumventing the prohibition of
<br /> smoking. (See Cal. Health and Safety Code §104495.)
<br /> U. "Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking
<br /> materials of all types, cigarette rolling machines, and any other item designed primarily for the
<br /> smoking or ingestion of tobacco products.
<br /> V. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders of
<br /> smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other
<br /> item designed primarily for the smoking or ingestion of tobacco products. (See Cal. Business
<br /> and Professions Code §22962.)
<br /> W. "Tobacco product" means any of the following:
<br /> a. A product containing, made, or derived from tobacco or nicotine that is intended for
<br /> human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
<br /> snorted, sniffed, or ingested by any other means, including, but not limited to,
<br /> cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.
<br /> b. An electronic device that delivers nicotine, other substances or other vaporized
<br /> liquids to the person inhaling from the device, including, but not limited to, an electronic
<br /> cigarette, electronic cigar, electronic pipe, or electronic hookah.
<br /> c. Any component, part, or accessory of a tobacco product, whether or not sold
<br /> separately.
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