§ 6.24.020 — Definitions

6.24.020 - Definitions.

For the purpose of this chapter, the following words and terms shall have the following meaning: A. 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 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 chapter is not an arm's length transaction. B. Business shall mean 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. C. Chief of Police shall mean the Chief of Police of the City of Riverside or his/her designee. D. Department shall mean any City department designated to administer and/or enforce the provisions of this chapter. E. Minor shall mean any person under the age of 21 years old, except if the person is active-duty military and at least 18 years old with a valid identification card issued by the United States Armed Forces as proof of age. F. Person shall mean any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. G. 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 ten 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. Self-service display shall mean an open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display. I. Smoking shall mean possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). J. 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. K. Tobacco product shall mean: 1. Any substance 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 body but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. L. 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, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. M. Tobacco retail establishment permit or permit means the certificate issued by the Department which allows a facility to sell tobacco, tobacco products, and tobacco paraphernalia. The issuance of this permit does not indicate or imply that the facility is in compliance with all State, County or City regulations related to its operation; and may be suspended or revoked by the Department. N. Vendor-assisted shall mean that only a store or tobacco retailer has access to the tobacco product or tobacco paraphernalia and assists the customer by supplying the tobacco product or tobacco paraphernalia. The customer does not take legal possession of the tobacco product or tobacco paraphernalia until it is purchased. O. Vending machine shall mean a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designated or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms.

(Ord. 7550, § 1(Exh. A), 2021)