The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Electronic smoking device means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Playgrounds means any area used for outdoor play or recreation, especially by children, and often containing recreational equipment such as slides and swings.

School means any property, building, permanent structure, facility, auditorium, stadium, arena or recreational facility owned, leased or under the control of: a public school district or private school or any educational facility that is accredited by the State of Oklahoma.

"School" includes all licensed childcare facilities, kindergartens, elementary schools, which may include either K-6 or K-8, and all secondary schools.

"School" includes any institution within the Oklahoma State System of Higher Education or any other public or private college or university that is accredited by a national accrediting body.

Tobacco product means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, and liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

(Ord. No. 2022-08-18A , § 1, 8-18-2022)

No business license by Spencer, Oklahoma shall be located or operated at any place except at locations permitted by the town's zoning or planning laws. The location of a tobacco/e-cigarette store is specifically prohibited within 300 feet of any playground, school, or other facility when the facility is being used primarily by persons under 21 years of age. The distance shall be measured as the shortest straight line distance from the property line of the proposed tobacco/e-cigarette store to the property line of the entities listed below:

(a)

Public or private school.

(b)

Playgrounds.

(c)

Facility used primarily by persons under 21 years of age.

(Ord. No. 2022-08-18A , § 1, 8-18-2022)