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EXHIBIT A
<br />
<br />Chapter 4-36 TOBACCO RETAILERS
<br />4-36-100 DEFINITIONS.
<br /> The following words and phrases, whenever used in this Chapter, shall have the
<br />meanings defined in this section unless the context clearly requires otherwise:
<br /> “Administrator” means the Chief of Police or designee for the City of San Leandro.
<br /> “Arm’s length transaction” means a sale in good faith and for valuable consideration that
<br />reflects the fair market value in the open market between two informed and willing parties,
<br />neither of which is under any compulsion to participate in the transaction. A sale between
<br />relatives, related companies or partners, or a sale for which a significant purpose is avoiding the
<br />effect of the violations of this Chapter is not an arm’s length transaction.
<br /> “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or
<br />aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco
<br />product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla,
<br />honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.
<br /> “Coupon” means anything that can be exchanged for or used to acquire an electronic
<br />cigarette, electronic cigarette paraphernalia, electronic cigarette or tobacco product, such as a
<br />printed piece of paper, voucher, ticket, rebate, rebate offer, check, credit, token, code, password,
<br />or anything labeled “coupon” or “coupon offer.”
<br /> “Department” means the City of San Leandro Finance Department.
<br /> “Distinguishable” means perceivable by an ordinary consumer by either the sense of
<br />smell or taste.
<br /> “Drug paraphernalia” shall have the definition set forth in California Health and Safety
<br />Code Section 11014.5, as that section may be amended from time to time.
<br /> “Electronic cigarette” means “a device that can provide an inhalable dose of nicotine by
<br />delivering a vaporized solution” as defined in California Health and Safety Code Section
<br />119405(b), as that section may be amended from time to time, or any device designed to
<br />vaporize a liquid solution that releases flavored vapor.
<br /> “Electronic cigarette paraphernalia” means any device designed to provide an inhalable
<br />dose of nicotine or a flavored liquid solution through vaporization, nicotine-based or flavored
<br />solution-based cartridges for use with electronic cigarettes, and any other item designed for the
<br />vaporization, preparation, storing, or consumption of electronic cigarette products.
<br /> “Electronic cigarette product” means any substance containing nicotine or a flavored
<br />liquid solution for vaporization, including any product or formulation of matter containing
<br />biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise
<br />distributed with the expectation that the product or matter will be introduced into the human
<br />body, but does not include any cessation product specifically approved by the United States
<br />Food and Drug Administration for use in treating nicotine or tobacco dependence.
<br /> “Flavored tobacco product” means any tobacco product (other than cigarettes as defined
<br />by the U.S. Food and Drug Administration) that contains a constituent that imparts a
<br />characterizing flavor. This includes cigars, little cigars, pipe tobacco, hookah tobacco, snuff,
<br />chewing tobacco, dipping tobacco, bidis, blunts, and electronic cigarettes or electronic smoking
<br />devices containing nicotine.
<br /> (a) For purposes of this definition, “constituent” means any ingredient, substance,
<br />chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is
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