The words and terms used in this chapter shall have the meanings as provided in this section. Where words or terms are not defined in this section they shall have the meanings ordinarily ascribed to them or as may be further defined in Chapter
17.105 of this title. Should any word, term or phrase defined in this section conflict with any other word, term or phrase defined in this title, the definitions provided in this section shall apply.
"Advertising"means printed matter that calls the public's attention to things for sale.
"Business"means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
"City"means the city of El Cajon.
"City manager"means the city manager of the city or the city manager's designee.
"Creation of a tobacco or smoke shop establishment"means:
1. The opening or commencement of any such establishment as a new establishment; or
2. The conversion of an existing establishment, to a tobacco or smoke shop establishment as defined in this chapter; or
3. The relocation of any such establishment.
"Electronic vapor device"means any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs, or any other product that produces smoke.
"Electronic vapor inhalation substance products"means cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.
"Electronic/vapor substance inhalation lounges"are defined as those businesses where customers can smoke or inhale vapor from electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," and other similar devices.
"Electronic/vapor substance inhalation shops"are defined as those businesses that either devote a substantial portion of its display area (i.e., fifteen percent or more of floor space) or devote more than sixteen cubic feet of shelf space, for the display of electronic/vapor substance inhalation products, commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "ehookahs," "electronic nicotine delivery systems," and other similar devices, as well as such cartridges, substances and additives used to experience the sensation of smoking vapors, tobacco and non-tobacco substances.
"Employee"means any person who is employed by any employer for consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Hookah"means a pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits, or other substances in which vapor or smoke is passed through a water basin before inhalation.
"Minor"means any individual who is less than eighteen years old.
"Nonprofit entity"means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social, or other similar purpose, the net proceeds from the operation of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
"Person"means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
"Public playground/park/recreation area"means an area to which the public, and particularly minors, come to participate in athletic or recreational activities, whether or not such activities are supervised or organized. Such areas include, but are not limited to, publicly owned and maintained parks, athletic fields, playgrounds, picnic areas, any outdoor premises or grounds owned or operated by the city, a public or private school, child care center, and any youth or recreational facilities such as the Boys' and Girls' Club, YMCA and YWCA, that contains any play or athletic equipment used or intended to be used by minors.
"School"means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the
California Education Code or which is maintained pursuant to standards set by the State Board of Education, or which is maintained for preschool or day care services. This definition includes a day care center, nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.
"Self-service merchandising"means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.
"Tobacco product"means (1) any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) 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 lungs or mouth; (3) any electronic vapor device, electronic vapor inhalation substance, and hookah; (4) any plant, weed, or plant product that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia as defined in Chapter
8.33 of this Code, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
"Tobacco retailer"means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales, rentals, or other give-aways of tobacco products, electronic vapor devices, electronic vapor inhalation substances, and hookahs are made to purchasers for consumption or use.
"Tobacco or smoke shop"means any store, stand, booth, concession, or other place that either devotes a substantial portion of its display area (i.e., fifteen percent or more of floor space) to tobacco products, or devotes more than sixteen cubic feet of shelf space, for the display or sale of tobacco or drug paraphernalia to purchasers for consumption or use. This definition includes electronic vapor devices, electronic vapor inhalation substances and hookahs.
"Transfer of ownership or control of a tobacco or smoke shop"means:
1. The sale, lease or sublease of such establishment; or
2. The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of such establishment, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
"Tobacco vending machine"means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, that dispenses or releases a tobacco product.
"Zoning Code"means Title 17 of the municipal code of the city of El Cajon, as it may be amended from time to time.
(Ord. 5012 § 3, 2014)