Title
Amending Chapter 9-600 of The Philadelphia Code, entitled "Service and Other Businesses," to add a new Section 9-638, entitled "Sale of Electronic Smoking Devices in Youth-Accessible Establishments," prohibiting selling and offering for sale certain electronic smoking devices in youth-accessible establishments and fixing penalties; all 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
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? 9-638. Sale of Electronic Smoking Devices in Youth-Accessible Establishments.
(1) Definitions. For purposes of this Section, the following terms shall have the following meanings:
"Adults-Only Establishment." An establishment that holds an active Adults-Only ESD Establishment License issued pursuant to Section 9-638(6).
"Department." The Department of Public Health.
"Electronic Smoking Device" or "ESD." Set forth in Section 9-631(1).
(2) Sale of Electronic Smoking Devices with a Characterizing Flavor Restricted. Except at an Adults-Only Establishment, no person shall sell or offer for sale, or possess with intent to sell or offer for sale, any Electronic Smoking Device with a Characterizing Flavor, defined as a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during use of an Electronic Smoking Device or of any byproduct produced by the Electronic Smoking Device, including, but not limited to, any taste or aroma relating to fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice; provided, however, that an Electronic Smoking Device shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information.
(3) Sale of Electronic Smoking Devices wit...
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