32-95 REGULATION OF TOBACCO RETAILERS, HOOKAH AND VAPOR LOUNGES.

For purposes of this section, the following definitions shall apply:

a. Electronic smoking device shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances. An "electronic smoking device" includes a device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, or a vapor pen.

b. Hookah Lounge shall mean any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or waterpipe).

c. Significant tobacco retailing business shall mean any tobacco retailing business which meets either of the following criteria:

1. Twenty percent or more of floor or display area is devoted to tobacco products, smoking paraphernalia, or both; or

2. Fifty percent or more of gross retail sales receipts are derived from tobacco products, smoking paraphernalia, or both.

d. Smoking 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 consumption or preparation of tobacco or cannabis products; electronic smoking devices and items specifically designed for the preparation, charging, or use of electronic smoking devices including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other electronic smoking device paraphernalia.

• e. Tobacco product shall mean any of the following:

1. Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

2. Any Electronic smoking device.

3. Any component, part, or accessory of a tobacco product, whether or not it is sold separately.

4. Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

f. Tobacco retailer shall mean any person or entity that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offered for sale, exchanged, or offered for exchange.

g. Vapor Lounge shall mean any facility, building, structure, or location where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine or other substance within the establishment. (Ord. #2018-09, § 2)

32-95.2. Restrictions on the Location of Tobacco Retailing.

In all land use districts where tobacco retailing would be an otherwise permitted use, it is unlawful to establish or open a tobacco retailing business if the physical location of the business is:

• a. Within 1,000 feet of any parcel occupied by a public or private school, a park, playground or library.

• b. Within 500 feet of any parcel occupied by any other tobacco retailing business. (Ord. #2018-09, § 2)

The following land uses related to tobacco retailing and use are prohibited in all land use districts within the Town of Danville:

• a. Hookah lounges.

• b. Vapor lounges.

• c. Significant tobacco retailing businesses. (Ord. #2018-09, § 2)