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Retail establishment means any place of business where licensed products are <br />available for sale to the general public. Retail establishments shall include but not be <br />limited to grocery stores, convenience stores and restaurants. <br />Sale means any transfer of goods for money, trade, barter or other consideration. <br />Sampling means offering or allowing customers to try tobacco products furnished <br />by the shop on the date the sampling occurs without monetary exchange for testing or <br />instructional purposes and must be limited in duration and intent and shall not be used to <br />circumvent restrictions on public smoking or establish de facto tobacco -use venues, such as <br />lounges. <br />Self-service display means open displays of licensed products in any manner where <br />any person shall have access to the licensed products without the assistance or intervention <br />of the licensee or the licensee's employee. and where a physical exchange of the licensed <br />product from the licensee or the licensee's employee to the customer is not required in <br />order to access the licensed products. <br />Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, <br />cigarette, or pipe, or any other lighted or heated product containing, made, or derived from <br />nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended <br />for inhalation. Smoking also includes carrying or using an activated electronic delivery <br />device. <br />Tobacco means any substance or item containing tobacco leaf, including but not <br />limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; <br />cheroots; stogies; perique; granulated, plug cut, crimp cut, ready -rubbed, and other <br />smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping <br />tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and <br />forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or <br />smoking. Tobacco does not include any nicotine cessation product that has been authorized <br />by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," <br />"devices," or "combination products," as defined in the Federal Food, Drug, and Cosmetic <br />Act. <br />Tobacco -related devices means any rolling papers, wraps, pipes, or other device <br />intentionally designed or intended to be used with tobacco products. Tobacco -related <br />devices include components of tobacco -related devices or tobacco products, which may be <br />marketed or sold separately. Tobacco -related devices may or may not contain tobacco. <br />Vending machine means any mechanical, electric or electronic, or other type of <br />device which dispenses licensed products upon the insertion of money, tokens or other <br />form of payment directly into or onto the device by any person. <br />236900v1 <br />93 <br />