A. "Department" means the Kern County public health services department.

B. "Director" means the director of the department or his or her designee.

C. "Person" means any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.

D. "Tobacco product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco product" includes electronic smoking device(s) and electronic smoking device paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

E. "Tobacco paraphernalia" means cigarette papers or wrappers, pipe holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or ingestion of tobacco products.

F. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia. This definition applies regardless of the quantity of tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco retailing" means engaging in any of these things.

G. "Newly established business" means a business which was not engaged in tobacco retailing within the city during the immediately preceding permit renewal period.

H. "Arm’s length transaction" means 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 of which is 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.

I. "Smoking paraphernalia" means tobacco paraphernalia, electronic smoking devices, and electronic smoking device paraphernalia.

J. "Electronic smoking device" means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substance. "Electronic smoking devices" include any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

K. "Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

L. "Tobacco retail facility, low risk" means a tobacco retail facility that has not been determined by the department to have violated the provisions of Section 8.52.090 in the previous five years.

M. "Tobacco retail facility, moderate risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.52.090 one time in the previous five years.

N. "Tobacco retail facility, high risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.52.090 two or more times in the previous five years. (Ord. 666 §1 (Exh. A), 2016).