Sec. 6-7-103. Definitions.
For purposes of this Article the following definitions shall apply:
Accessory means any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product(s); does not contain tobacco or nicotine and is not made or derived from tobacco or nicotine; and meets either of the following: (1) is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco or nicotine product; or (2) is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco or nicotine product but (a) solely controls moisture and/or temperature of a stored tobacco product; or (b) solely provides an external heat source to initiate but not maintain combustion of a tobacco product. “Accessory” includes, but is not limited to, carrying cases, lanyards and holsters.
Arm’s length transaction means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Article is not an arm’s length transaction.
Business means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
Cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any other substance containing tobacco. For purposes herein, cigar includes, but is not limited to tobacco products known or labeled as a “cigar,” “cigarillo,” or “little cigar.”
Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
(2) Tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(3) Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection (1) of this definition.
(4) The term “cigarette” includes roll-your-own, i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.
Department means the Telluride Marshals Department and any agency, individual or group designated by the Town to enforce the provisions of this Article.
Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic smoking device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other name or descriptor.
Electronic smoking device paraphernalia includes, but is not limited to, cartridges, cartomizers, clearomizers, e-liquid, smoke juice, tips, atomizers, flavorings, flavor additives or flavor concentrates sold with the intent or reasonable expectation for use in an electronic smoking device, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging or use of electronic smoking devices.
Employee means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
Employer means any business that retains the service of one (1) or more employees.
Good cause means for the purpose of refusing or denying a license under this Article:
(1) The applicant or licensee has violated, does not meet, or has failed to comply with:
(a) Any of the terms, conditions, or provisions of this Article; or
(b) A rule or regulation promulgated by the Licensing Authority pursuant to this Article; or
(2) The applicant or licensee has failed to comply with:
(a) Any terms or conditions of the license including, but not limited to, any special terms and conditions placed on the license at the time the license was issued or any terms or conditions subsequently modified by the Licensing Authority; or
(b) Any special condition placed on the license in a prior disciplinary proceeding or that arose in the context of a prior disciplinary hearing.
License means a tobacco product retail license issued under the provisions of this Article.
License fee means the annual fee for a license calculated to include the Town’s cost of administration of this Article, license education, inspections of licensed premises, regular compliance checks with persons under the minimum legal sales age, documentation of license violations (database management), and prosecutions of violations of licenses.
Licensee means a person who has been issued a tobacco product retail license under the provisions of this Article.
Licensing Authority means the person(s) within the Town designated by the Town Council with responsibilities for administration of this Article, i.e., issuance, renewal and collection of fees.
Little cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco and weighing no more than three (3) pounds per thousand. “Little cigar” includes, but is not limited to, any product known or labeled as a “small cigar,” “cigarillo,” or “little cigar.”
Manufacturer means a person who manufacturers, fabricates, assembles, processes or labels a tobacco product or imparts a finished tobacco product for sale or distribution in the United States.
Minimum legal sales age means twenty-one (21) years of age.
Mobile vending means any sales other than at a fixed location.
Packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping, including cellophane, in which a tobacco product(s) is sold or offered for sale to a consumer.
Person means any natural person, cooperative association, employer, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency.
Sale or sell means any transfer, exchange, barter, gift, offer for sale or distribution for a commercial purpose in any manner or by any means whatsoever.
Self-service display means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine or other coin-operated machine are forms of a self-service display.
Tobacco paraphernalia means any item designed for the consumption, use, or preparation of tobacco products.
Tobacco product means (1) any product that contains, is made of, or derived from tobacco or used to deliver nicotine or other substances intended for human consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, bidis, snus, mints, hand gels, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cutting, and sweepings of tobacco; (2) electronic smoking devices; (3) notwithstanding any provision of Subsections (1) and (2) of this definition to the contrary, “tobacco product” includes any component or part, accessory, or associated tobacco paraphernalia or electronic smoking device paraphernalia, whether or not sold separately, and any electronic smoking device paraphernalia, whether or not sold separately. Excluded from this definition is any product that contains marijuana and any product(s) specifically approved by the United States Food and Drug Administration for use in reducing, treating, or eliminating nicotine or tobacco dependence or for other medical purposes when these products are being marketed and sold solely for such approved purpose.
Tobacco product retailer means any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco product, component or part, accessory, tobacco paraphernalia or electronic smoking paraphernalia without regard to the quantity of items sold, offered for sale, exchanged, or offered for exchange.
Tobacco product retailing means any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco product, component or part, accessory, tobacco paraphernalia or electronic smoking paraphernalia without regard to the quantity of items sold, offered for sale, exchanged, or offered for exchange from any store, stand, booth, concession, outlet, vehicle, cart, vending machine, structure or any grounds or any other enterprise that sells, offers for sale, exchanges or offers for exchange for any form of consideration any tobacco product, component or part, accessory, tobacco paraphernalia or electronic smoking paraphernalia.
Vending machine shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment dispenses product. (Ord. 1499 §1 (Exh. A), 2020)