§ 11-17. Definitions

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.

Cigar lounge means a private enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products including, but not limited to, cigars and pipes.

City shall mean the City of Costa Mesa.

Employee means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.

Minor means any individual who is under eighteen (18) years of age.

Person shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Restricted tobacco sales area shall mean any area of a retail business that satisfies the following requirements:

(1) The area is set aside for the exclusive display and sale of tobacco products and related accessories.

(2) There is a single, restricted entrance to and exit from the area which is located next to a sales counter and allows passage of no more than two (2) people at a time.

(3) There is an adult sales clerk who is continually present at the sales counter while the business is open to the public.

(4) The sales clerk monitors access into the restricted area and denies entrance to minors, unless accompanied by a parent or a responsible adult.

(5) There is a sign prominently posted at the entrance to the restricted area that says, in substance: "RESTRICTED TOBACCO SALES AREA. NO MINORS ALLOWED, unless accompanied by a parent or a responsible adult." The sign shall meet standards established by the city manager, or his designee.

Self-service display means the open display of products to which the public has access without the intervention of a store employee including, but not limited to, a rack, shelf, vending machine or counter-top display.

Tobacco product means any manufactured substance made from the tobacco plant including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking, chewing or other manner of ingestion.

Tobacco shop means a business establishment whose main purpose is the sale of tobacco products including, but not limited to, cigars, pipe tobacco, and smoking accessories.

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, which dispenses or releases a product.

Vendor-assisted sale means a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor has access to the tobacco product, and assists the customer by supplying the product, The customer does not take possession of the product until it is purchased.

(Ord. No. 99-5, § 2, 5-17-99)