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EXHIBIT A
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<br />Chapter 4-36 TOBACCO RETAILERS
<br />4-36-100 DEFINITIONS. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: “Administrator” means the Chief of Police or designee for the City of San Leandro. “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.” “Department” means the City of San Leandro Finance Department. “Distinguishable” means perceivable by an ordinary consumer by either the sense of smell or taste. “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 distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. “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.
<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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