§ 10-92. Definitions.

For the purpose of this article, the following terms shall mean:

Open display unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand or other surface which allows direct public access to the product placed therein. "Direct public access" means that a patron can obtain the product without the assistance from store personnel.

Restricted access area means an area reasonably physically confined with access designated by the vendor as limited to the vendor.

Specialty tobacco store means an establishment primarily in the business of selling cigars and pipe tobacco. "Primarily" means that more than fifty (50) percent of the annual gross revenue generated by the establishment is from the sale of tobacco products. The establishment has the burden of proving that it qualifies for the exception.

Tobacco product means loose tobacco leaves, and products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffing or chewing, including but not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco and chewing tobacco. Tobacco product also includes cigarette wrappers.

Vendor means any individual, sole proprietorship, joint venture, corporation, partnership, cooperative association, or other legal entity licensed as a dealer in tobacco products pursuant to F.S. Ch. 569, and any employee or agent of said dealer.

(Ord. No. 04-10, § 3, 4-27-04)