210.25 Definitions. ---
As used in
this part:
(1) "Business" means any trade,
occupation, activity, or enterprise engaged in for the purpose of selling or
distributing tobacco products in this state.
(2) "Consumer" means any person who has title to or
possession of tobacco products in storage for use or other consumption in
this state.
(3) "Division" means the Division of Alcoholic Beverages and
Tobacco of the Department of Business and Professional Regulation.
(4) "Distributor" means:
(a) Any person engaged in
the business of selling tobacco products in this state who brings, or causes
to be brought, into this state from outside the state any tobacco products
for sale;
(b) Any person who makes, manufactures, or fabricates tobacco
products in this state for sale in this state; or
(c) Any person engaged in the business of selling tobacco outside
this state who ships or transports tobacco products to retailers in this
state to be sold by those retailers.
(5) "Manufacturer" means any person who manufactures and
sells tobacco products.
(6) "Place of business" means any place where tobacco
products are sold, manufactured, stored or kept for the purpose of sale or
consumption, including any vessel, vehicle, airplane, train, or vending
machine.
(7) "Retail outlet" means each place of business from which
tobacco products are sold to consumers.
(8) "Retailer" means any person engaged in the business of
selling tobacco products to ultimate consumers.
(9) "Sale" means any transfer, exchange, or barter for a
consideration. The term "sale" includes a gift by a person engaged in
the business of selling tobacco products for advertising or as a means of
evading this part or for any other purpose.
(10) "Storage" means any keeping or retention of tobacco
products for use or consumption in this state.
(11) "Tobacco products" means loose tobacco suitable for
smoking; snuff; snuff flour; cavendish; plug and twist tobacco; fine cuts and
other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such
manner as to be suitable for chewing; but "tobacco products" does not
include cigarettes, as defined by s. 210.01(1), or cigars.
(12) "Use" means the exercise of any right or power
incidental to the ownership of tobacco products.
(13) "Wholesale sales price" means the established price for
which a manufacturer sells a tobacco product to a distributor, exclusive of
any diminution by volume or other discounts.
History: s. 1, ch. 85-141; s. 1, ch. 86-286; s. 4, ch. 91-429; s. 17, ch.
94-218.