7.40.120 Sale of Electronic Cigarettes Prohibited

(a) No person or tobacco retailer shall sell or distribute any Electronic Cigarette.

(b) For the purposes of this section, the following definitions shall govern:

(1) "Distribute" or "Distribution" means the transfer by any person other than a common carrier, at any point from the place of manufacture or thereafter to a Person who sells the electronic cigarette or other electronic smoking device.

(2) "Electronic Cigarette" has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time.

(3) "Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

(4) "Tobacco Retailer" means any person that engages in the retail sale or exchange of tobacco products (as defined in subsection (l) of section 7.40.020 of this Code).

(5) "Sell", "Sale" or "to Sell" mean any transaction where, for any consideration, ownership is transferred from one Person or entity to another including, but not limited to any transfer of title or possession for consideration, exchange or barter, in any manner or by any means.