§ 34-311. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BUSINESS AGENT

An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.

E-CIGARETTE

Any electronic nicotine delivery product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.

EDUCATIONAL INSTITUTION

Any public or private college, normal school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.

EMPLOYEE

Any individual who performs services for an employer.

EMPLOYER

Any individual, partnership, association, corporation, trust or other organized group of individuals, including the City of Fall River or any agency thereof, which uses the services of one or more employees.

HEALTH CARE INSTITUTION

An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the State Department of Public Health under MGL c. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. "Health care institution" includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drugstores, doctor offices and dentist offices.

INDIVIDUAL

Any employee or volunteer or any person who patronizes an area where tobacco products or nicotine delivery products are sold.

MINOR

Any individual who is under the age of 18.

NICOTINE DELIVERY PRODUCT

Any article or product made wholly or in part of a tobacco substitute or otherwise containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. "Nicotine delivery product" includes, but is not limited to, e-cigarettes.

PERMITTEE

Any sole proprietorship, partnership, joint venture, corporation or other place of business, including retail establishments and bars, that has been issued a permit for site and sale of tobacco products and nicotine delivery products by the City Board of Health regulating the sale of tobacco products in the City.

PERSON

An individual, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale or distribution of tobacco products directly to consumers.

RETAIL STORE

Any establishment selling goods or articles or personal services to the public.

SELF-SERVICE DISPLAY

Any display from which customers may select a tobacco product or a nicotine delivery product without assistance from an employee or store personnel, excluding vending machines.

TOBACCO PRODUCT

Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.

VENDING MACHINE

Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, tobacco products or nicotine delivery products upon the insertion of coins, trade checks, slugs or other forms of payment.