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File #: 110374    Version: 0 Name:
Type: Bill Status: ENACTED
File created: 5/12/2011 In control: Committee on Public Health and Human Services
On agenda: Final action: 6/9/2011
Title: Amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to require tobacco retailers to obtain permits for the retail sale of tobacco products and certain other products containing nicotine, under certain terms and conditions.
Sponsors: Councilmember Tasco
Indexes: TOBACCO AND TOBACCO-RELATED PRODUCTS TAX
Code sections: 9-600 - Service Businesses
Attachments: 1. CertifiedCopy11037400.pdf
Title
Amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to require tobacco retailers to obtain permits for the retail sale of tobacco products and certain other products containing nicotine, under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 9-600 of The Philadelphia Code is hereby amended to read as follows:

CHAPTER 9-600. SERVICE AND OTHER BUSINESSES.

* * *

ยง 9-631. Tobacco Retailer Permit.

(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:

"Electronic Smoking Device." An electronic device, the use of which simulates tobacco smoking, that is intended to deliver nicotine to the person inhaling from the device; the term includes any solution, compound, or other substance containing nicotine and manufactured for use with such a device. The term shall not include a tobacco product as defined in this Section.

"Tobacco Product." Any substance containing tobacco leaf, including without limitation cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, snus, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.

"Tobacco Retailer." A person who, in the usual course of business, purchases or receives tobacco products, electronic smoking devices, or unapproved nicotine delivery products for the purpose of sale to a consumer.

"Tobacco Retailing." The sale of tobacco products, electronic smoking devices, or unapproved nicotine delivery products to a consumer.

"Unapproved Nicotine Delivery Product." A product, other than an electronic smoking device or a tobacco product, containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that has not been approved or otherwise certified for sale by the United States Food and Drug Administration as a tobacco use cessation product, or for other medica...

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