Sec. 7-2.01. Definitions.
For purposes of this Article, the terms and definitions in California Health and Safety Code Section 104559.5 are incorporated herein, to the extent they are not inconsistent with the below-listed definitions:
a.“Department” refers to any City department designated by the City Manager to administer and/or enforce the provisions of this Article or, if so designated by the City Manager, the Monterey County Department of Health or other County department.
b.“Drug paraphernalia” shall have the definitions set forth in California Health and Safety Code Section 11014.5 as that section may be amended from time to time.
c.“License” means a tobacco retailer license issued by the City pursuant to this Article.
d.“Licensee” means any proprietor holding a license issued by the City pursuant to this Article.
e.“License fee” means the charge established by resolution of the City Council, calculated to recover the reasonable regulatory costs of issuing and administering licenses, retailer education, performing investigations, inspections, and the administrative enforcement and adjudication thereof.
f.“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
g.“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (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.
h.“Single-use electronic smoking product” means an electronic smoking device that is not refillable or rechargeable and is typically discarded once its contents have been used. It includes without limitation:
1.Any electronic device or delivery system that can be used to deliver an inhaled dose of nicotine, flavorings, chemicals, or other substances in aerosolized or vaporized form for human consumption, including but not limited to an electronic cigarette, cigar, pipe, vape pen, or hookah.
2.Any component, part, or accessory of such a device or delivery system that is used during its operation.
3.Any flavored or unflavored liquid or substance, whether sold separately or sold in combination with any such device or delivery system, that could be used to deliver tobacco products, nicotine, or other substances in aerosolized or vaporized form.
4.Any product for use in such an electronic device or delivery system whether it contains nicotine or tobacco or is derived from nicotine or tobacco.
i.“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed or used for the smoking or ingestion of tobacco products.
j.“Tobacco retailer” means any person who engages in tobacco retailing.
k.“Tobacco retailing” means selling, offering for sale, exchanging, or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. (Ord. 3674 § 6, 2023; Ord. 3663 § 2, 2023; Ord. 3654 §§ 4, 5, 2022; Ord. 3508 § 2, 2014. Formerly 19-106)