Sec. 7.91. - Definitions of words and phrases.

[For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.]

Advertising means printed matter that calls the public's attention to things for sale.

Advertising display means a sign, sign-board, poster, or banner that is temporarily or permanently affixed to the ground, sidewalk, a pole or post, or a building, or is displayed in the windows of a commercial establishment, and that is used to advertise or promote products.

Applicant means the person or entity applying for a tobacco retail license pursuant to this article.

Arcade is any establishment within the city (other than a pool hall, billiard hall or cardroom) open to the public with six (6) or more games of skill or amusement installed on the premises.

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 as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

City shall mean the City of Oceanside.

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

Licensee means any proprietor holding a tobacco retail license issued by the city pursuant to the provisions of this article.

Minor, for the purposes of this Article, shall mean any individual who is less than twenty-one (21) years of age.

Non-profit entity means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational character, building, political, social or other similar purpose, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a non-profit entity within the meaning of this section.

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

Playground means any outdoor premises or grounds owned or operated by the city, a public or private school, child care center, youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors.

Self-service merchandising means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

Tobacco product means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion including electronic devices used to deliver nicotine or other vaporized liquids to the person inhaling from the device.

Tobacco retailer shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

Tobacco retail license means a license permitting the sale of any tobacco product pursuant to the provisions of this article.

Tobacco 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 tobacco product.

Vendor-assisted means only a store employee 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. 98-18, § 1, 5-6-98; Ord. No. 99-13, § 1, 6-16-99; Ord. No. 20-OR0562-1, § 2, 9-9-2020)