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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:
<br /> (1) Made a public statement or claim that the tobacco product has or produces a
<br /> characterizing flavor, including, but not limited to, text and/or images on the product's labeling
<br /> or packaging that are used explicitly or implicitly to communicate information about the flavor,
<br /> 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.
<br /> "Proprietor" means a person with an ownership or managerial interest in a business. An
<br /> ownership interest shall be deemed to exist when a person has a ten percent or greater interest
<br /> in the stock, assets, or income of a business other than the sole interest of security for debt. A
<br /> 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
<br /> ingestion.
<br /> "Tobacco paraphernalia" means cigarette papers or wrappers,pipes, holders of smoking
<br /> materials of all types, cigarette rolling machines, and any other item designed for the smoking,
<br /> 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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