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The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:

(1) “Arm’s length transaction” shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two 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.

(2) “Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, as defined in California Business and Professions Code Section 26001(f), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” does not mean industrial hemp as defined by Section 11018.5 of the California Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute. “Cannabis” includes medical cannabis.

(3) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product that is perceivable by an ordinary consumer. Characterizing flavor includes, but is not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

(4) “City” shall mean the city of Cudahy, California.

(5) “Department” shall mean the community development department, and any other agency or person tasked by the city manager of the city with enforcement of this article.

(6) “Electronic smoking device” shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An “electronic smoking device” includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

(7) “Flavored tobacco product” means any tobacco product, other than cigarettes as defined by federal law, that contains a constituent that imparts a characterizing flavor. A tobacco product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored tobacco product.

(8) “Permittee” shall mean any tobacco retailer or proprietor thereof holding a permit issued by the city pursuant to the provisions of this article.

(9) “Person” shall mean any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

(10) “Proprietor” shall mean a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 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 control over the day-to-day operations of a business.

(11) “Self-service display” shall mean 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 employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. Self-service display includes, but is not limited to, vending machine, rack, countertop or shelf that allows self-service sales, or any other manner of storage or display that allows a consumer to retrieve the tobacco product or tobacco paraphernalia without assistance of the retailer.

(12) “Smoking” shall mean inhaling, exhaling, burning, or possessing a lighted, heated, or ignited tobacco product, lighted tobacco paraphernalia, electronic smoking device, or any other lighted weed or plant (including, but not limited to, a lighted pipe, lighted hookah, lighted cigar, or lighted cigarette of any kind).

(13) “Tobacco paraphernalia” shall mean 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.

(14) “Tobacco product” shall mean any substance containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. “Tobacco product” includes, but is not limited to, any electronic smoking device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. For purposes of this article, “tobacco product” does not include “cannabis” as that term is defined in this article, or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

(15) “Tobacco retailer” shall mean any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia.

(16) “Tobacco retailer permit” or “permit” shall mean a permit issued by the city authorizing a proprietor to engage in tobacco retailing.

(17) “Tobacco retailing” shall mean the doing of any of the activities mentioned in the definition of “tobacco retailer.” This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Ord. 695 § 1, 2018).