§ 7–1721.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Characterizing flavor" means a distinguishable taste or aroma other than tobacco, including fruit, chocolate, vanilla, candy, dessert, alcoholic beverage, menthol, mint, or wintergreen.

(1A) "Electronic smoking device" shall have the same meaning as provided in § 7-741.01(1).

(1B) "Flavored tobacco product" means any tobacco product or synthetic nicotine product that imparts a characterizing flavor.

(1C) "Hookah" means a type of waterpipe used to smoke shisha or other tobacco products with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.

(1D) "Hookah bar" means a restaurant, tavern, brew pub, club, or nightclub that:

(A) Generates revenue from the sale for on-site consumption of tobacco products used with a hookah, excluding sales from vending machines or the rental of on-site humidors; provided, that the restaurant, tavern, brew pub, club, or nightclub has a valid smoking exemption from the Department of Health pursuant to § 7-741.03(a)(2) or (3); and

(B) Does not permit any person under 21 years of age to be present or enter the premises at any time.

(2) “Self-service display” means a display that contains tobacco products and is located in an area openly accessible to consumers, and from which consumers can readily access tobacco products without the assistance of a sales clerk. A display case that holds tobacco products behind locked doors does not constitute a self-service display.

(2A) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device. The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. § 301 et seq.).

(3) “Tobacco specialty store” means a retail store that bars entry to individuals under 21years of age and that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment.

(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 2; as added July 23, 2010, D.C. Law 18-189, § 3(b), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(a), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25, § 2(a)(2), 68 DCR 007332.)

Applicability

Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(a) of D.C. Law 24-25 have been implemented.

Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(a) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.

Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(a) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.