Fayette Definitions ordinance (§ 610.010)

When used in this Chapter, the following words shall have the meanings respectively ascribed to them:

CIGARETTE: An item manufactured of tobacco or any substitute therefor, wrapped in paper or any substitute therefor, weighing not to exceed three (3) pounds per one thousand (1,000) cigarettes and which is commonly classified, labeled or advertised as a cigarette.

CONSUMER: A person who comes into possession of tobacco for the purpose of consuming it, giving it away or disposing of it in any way.

DEALER: Any person dealing directly with the manufacturer of cigarettes in their purchase and in the business of selling cigarettes as a first seller.

FIRST SELLER: The first sale of a tobacco product by a manufacturer, wholesaler or other person to a person who intends to sell such tobacco products at retail or to a person at retail within the State of Missouri.

PACKAGE: A container of any type composition in which is normally contained twenty (20) individual cigarettes, except as in special instances when the number may be more or less than twenty (20).

PERSON: Any individual, corporation, firm, partnership, incorporated or unincorporated association, or any other legal or commercial entity.

RETAILER: Any person who sells to a consumer or to any person for any purpose other than resale.

SALE: Includes sales, barters, exchanges and every other manner, method and form of transferring the ownership of personal property from one (1) person to another. "Sale" also means the possession of cigarettes or tobacco products by any person other than a manufacturer, wholesaler or retailer and shall be prima facie evidence of possession for consumption.

VENDING MACHINE OPERATOR: Any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.

WHOLESALER: Any person, firm or corporation organized and existing, or doing business, primarily to sell cigarettes or tobacco products to, and render service to, retailers in the territory the person, firm or corporation chooses to serve; that purchases cigarettes or tobacco products directly from the manufacturer; that carries at all times at his or her or its principal place of business a representative stock of cigarettes or tobacco products for sale; and that comes into the possession of cigarettes or tobacco products for the purpose of selling them to retailers or to persons outside or within the State who might resell or retail the cigarettes or tobacco products to consumers. This shall include any manufacturer, jobber, broker, agent or other person, whether or not enumerated in this Chapter, who so sells or so distributes cigarettes or tobacco products.