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added by the manufacturer to a tobacco product during the processing, manufacture, or packing
<br />of the tobacco product.
<br /> (b) Further, a tobacco product is presumed to be a flavored tobacco product if a
<br />manufacturer or any of the manufacturer's agents or employees has: (1) Made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product’s labeling or packaging that are used explicitly or implicitly to communicate information about the flavor, taste, or aroma of a tobacco product; or
<br /> (2) Taken actions directed to consumers that would be reasonably expected to result in
<br />consumers believing that the tobacco product imparts a characterizing flavor.
<br /> “License” means a tobacco retailer’s license as defined below.
<br /> “Licensee” means a tobacco retailer with a tobacco retailer’s license.
<br /> “Nominal cost” means the cost of any item that is transferred from one person to
<br />another for less than the total of: (1) twenty-five percent of the full retail value of the item
<br />exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still
<br />due on the item at the time of transfer.
<br /> “Nonsale distribution” means to give, within the jurisdictional limits of the City, a
<br />tobacco product or coupon at no cost or at nominal cost to a person who is not a tobacco seller.
<br /> “Person” means any natural person, partnership, cooperative association, corporation,
<br />personal representative, receiver, trustee, assignee, or any other legal entity. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate
<br />control over the day-to-day operations of a business.
<br /> “Public place” means any place within the City, public or private, that is open to the
<br />general public regardless of any fee or age requirement, including, for example, bars, restaurants,
<br />clubs, stores, stadiums, parks, playgrounds, taxis, and buses.
<br /> “Retailer” means tobacco retailer as defined herein.
<br /> “Self-service display” means the open display or storage of electronic cigarettes,
<br />electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco
<br />paraphernalia in a manner that is physically accessible in any way to the general public without
<br />the assistance of the retailer or employee of the retailer and a direct person-to-person transfer
<br />between the purchaser and the retailer or employee of the retailer. A vending machine is a form
<br />of self-service display.
<br /> “Tobacco” means leaves of the tobacco plant dried and prepared for smoking or ingestion. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
<br /> “Tobacco product” means tobacco and any substance containing tobacco, including, but
<br />not limited to, cigarettes, cigars, cigarillos, pipe tobacco, hookah tobacco, snuff, chewing
<br />tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any electronic
<br />cigarette product; and any product or formulation of matter containing biologically active
<br />amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
<br />the expectation that the product or matter will be introduced into the human body, but does not
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