§ 18-10. Prohibition on the use of alternative nicotine products.

(a)

Definitions. The following terms shall have the following definitions:

(1)

Additional line of devices shall have the same definition as provided for said term in subsection 18-9(a)(1) of these ordinances;

(2)

Alternative nicotine product shall mean an electronic product or device that employs an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including e-cigarettes, e-cigars, and e-pipes, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, but not including e-hookahs or e-bongs;

(3)

City or City of Cumming shall have the same definition as provided for said term in subsection 18-9(a)(4) of these ordinances;

(4)

Non-traditional tobacco paraphernalia shall have the same definition as provided for said term in subsection 18-9(a)(6) of these ordinances;

(5)

Vapejuice shall refer to any liquid that contains the compounds identified in subsection 18-10(c)(1) of these ordinances and can be used for vaping by means of an alternative nicotine product; and

(6)

Vaping shall mean the ingestion or inhalation of vape juice from an alternative nicotine product.

(b)

Prohibitions.

(1)

Vaping is prohibited in all city government buildings but shall be allowed in the parking lot associated with or directly adjacent to any city government building.

(2)

Vaping and smoking shall be prohibited in the premises of any building or premises that offers for sale any alternative nicotine product, non-traditional tobacco paraphernalia, or additional line of devices unless such building or premises has an operational dehumidifier to dispel any vapor produced by on-premises vaping.

(3)

It shall be prohibited to mix or prepare vape juice on the premises of any building or establishment that offers alternative nicotine products for retail sales to consumers.

(4)

No minors shall be allowed to enter onto the premises of any establishment that offers vape juice for sale unless such minor is accompanied by a parent or guardian.

(5)

No alternative nicotine products shall be sold in premises that are in or within 100 yards of any church building or in or within 200 yards of any school building, educational building, school grounds, or college campus; provided, however, that any premises permitted to sell alternative nicotine products as of May 1, 2018, that is located within such proximity of any church building, school building, educational building, school grounds, or college campus on May 1, 2018, shall be allowed to continue to sell alternative nicotine products in such premises provided that said permit holder remains in compliance with all other provisions of this section and the use of the premises to sell alternative nicotine products remains ongoing and continuous. If the sale of alternative nicotine products is discontinued, the grandfather entitlement under this paragraph shall be forfeit.

(c)

Signage.

(1)

All persons or entities selling vape juice in the city shall prominently post a sign on any premises where vape juice is sold stating that the only chemicals authorized to be used in such vape juice are:

a.

Pharmaceutical grade vegetable glycerin,

b.

Propylene glycol,

c.

Nicotine,

d.

Food-grade flavoring, and

e.

Water.

(2)

All persons or entities selling vape juice in the city shall prominently post a sign on any premises where vape juice is sold explaining how to safely use e-batteries for alternative nicotine products.

(d)

Compliance with federal regulations. All persons or entities selling non-traditional tobacco paraphernalia, vape juice, or any additional line of devices in the city shall comply with all applicable state and federal laws and regulations, as amended, governing the sale and manufacture of non-traditional tobacco paraphernalia, vape juice, and additional lines of devices, and all such state and federal laws and regulations, as amended, are hereby incorporated by reference into section 18-10 of this Code of Ordinances. Persons or entities who are registered to mix vape juice with the United States Food and Drug Administration shall be allowed to mix vape juice in the city and shall maintain documentation reflecting such registration at all times on the premises where vape juice is mixed.

(e)

Permit required.

(1)

No business whose primary product line for retail sale is alternative nicotine products, vape juice, or both, may offer such products for sale in the city without a permit. For purposes of this code section, "primary" shall mean that alternative nicotine products, vape juice, or both constitute at least 50 percent of the business's aggregate retail sales. Documentation reflecting a duly issued permit must be maintained at all times on the premises where such business offers for retail sale such alternative nicotine products, vape juice, or both.

(2)

Fee. The applicant for a permit to sell vape juice shall pay a fee of $50.00 to the city's department of planning and zoning.

(3)

Term. A permit issued under this article shall be valid during the period for which the permit holder operates the business. If the business is relocated, closes, or otherwise discontinues operation, the permit shall stand automatically revoked.

(f)

Enforcement. Each person violating this section shall be punished as provided in sections 1-10 and/or 1-11 of these ordinances. Upon a violation of this ordinance, any permit issued under section 18-10(e) of these ordinances may be subject to revocation following a duly noticed hearing before the mayor and council.

( Ord. of 5-1-2018, § 1(Exh. A) )