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Ordinance 2208 Page 7 of 12 d. Exception. "Tobacco Product" does not include drugs, devices or combination of products 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.) X. "Tobacco product sample" means a tobacco product and/or tobacco accessories distributed to members of the general public at no cost or at a nominal cost for product promotional purposes. Y. "Tobacco retailer" means any person who 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. Z. "Tobacco retailer permit" or"permit" means the certificate issued by the business license division which allows a location to sell tobacco products and tobacco paraphernalia on a retail basis. AA."Tobacco store" means any person 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.) Article II. Flavored Tobacco Restrictions 9.32.030 Prohibition on the sale of flavored tobacco citywide A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product. This prohibition is applicable citywide. B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco product, packages of flavored tobacco product, or any combination thereof, possesses such flavored tobacco product with intent to sell or offer for sale. C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, tobacco store, manufacturer, or their agents or employees: 1. made a public statement or claim that the tobacco product imparts a characterizing flavor; 2. used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or 3. taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. 9.32.040 Sale of flavored tobacco by wholesalers and distributors Wholesalers and distributors may sell flavored tobacco products to other wholesalers, distributors and retailers. Article Ill. Electronic Smoking Devices and Related Paraphernalia Restrictions 9.32.050 Prohibition on the sale of electronic smoking devices and related paraphernalia citywide A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia, which includes, but is not limited to: cartridges, cartomizers, e-liquid (e.g. any liquid or substance that can be used by