§ 22-441. Definitions.

City means, for the purposes of this article only, the City of Kennesaw or a person or entity designated by the City of Kennesaw.

Minor means any person who at the time of the sale has not attained the age of 18 years.

Person means any natural person, partnership, cooperative association, corporation, limited liability company, limited partnership, general partnership, personal representative, receiver, trustee, assignee, or any other legal entity.

Sale means the providing of tobacco products by any person or business entity in exchange for money, goods, or services. The term "sale" shall include, for purposes of this article, providing tobacco products for free by a tobacco retailer.

Self-service display means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or an employee of the retailer. A vending machine is a form of self-service display.

Tobacco paraphernalia means cigarette papers or wrappers, blunt wraps, pipes, holders, cigarette rolling machines or other instruments or things designed for the preparation, smoking, storing, consumption, storing or ingestion of tobacco products.

Tobacco product .

(1)

The term means:

a.

Any substance containing tobacco leaf in any form, including, but not limited to, the following items: bidis, chewing tobacco, dipping tobacco, cigarettes, cigars, dipping smoking, smokeless tobacco of any type and in any form, pipe tobacco, hookah tobacco, snus, snuff, and/or tobacco used to prepare cigarettes.

b.

Smokeless, electronic cigarettes which do not contain tobacco but are designed to appear to be a cigarette and which delivers nicotine to the user, and/or any papers, wrappers, or other products that are used for the purpose of making cigarettes or cigars.

c.

Any product or formulation of matter containing 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.

(2)

Tobacco products shall not include items made of candy or gum products in the form of a cigarette or cigar.

Tobacco retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

Tobacco retailing means the sale of either tobacco paraphernalia or a tobacco product to any person of any age.

(Ord. No. 2010-15, § 1, 7-6-10)