2005 Idaho Code - 39-5702 — DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 57
                   PREVENTION OF MINORS' ACCESS TO TOBACCO
    39-5702.  DEFINITIONS. The terms used in this chapter are defined as
follows:
    (1)  "Business" means any company, partnership, firm, sole proprietorship,
association, corporation, organization, or other legal entity, or a
representative of the foregoing entities.
    (2)  "Delivery sale" means to distribute tobacco products to a consumer in
a state where either: (a) the individual submits the order for such sale by
means of a telephonic or other method of voice transmission, data transfer via
computer networks, including the internet and other online services, or
facsimile, or the mails; or (b) the tobacco products are delivered by use of
the mails or a delivery service.
    (3)  "Delivery service" means any person who is engaged in the commercial
delivery of letters, packages or other containers.
    (4)  "Department" means the state department of health and welfare or its
duly authorized representative.
    (5)  "Distribute" means to give, deliver, sell, offer to give, offer to
deliver, offer to sell or cause any person to do the same or hire any person
to do the same.
    (6)  "Minor" means a person under eighteen (18) years of age.
    (7)  "Minor exempt permit" means a permittee location whose revenues from
the sale of alcoholic beverages for on-site consumption comprises at least
fifty-five percent (55%) of total revenues, or whose products and services are
primarily obscene, pornographic, profane or sexually oriented, is exempt from
inspections assisted by a minor, if minors are not allowed in the location and
such prohibition is posted clearly on all entrance doors.
    (8)  "Permit" means a permit issued by the department for the sale or
distribution of tobacco products.
    (9)  "Permittee" means the holder of a valid permit for the sale or
distribution of tobacco products.
    (10) "Photographic identification" means state, district, territorial,
possession, provincial, national or other equivalent government driver's
license, identification card or military card, in all cases bearing a
photograph and a date of birth, or a valid passport.
    (11) "Random unannounced inspection" means an inspection of retail outlets
by a law enforcement agency or by the department, with or without the
assistance of a minor, to monitor compliance of this chapter.
    (12) "Seller" means the person who physically sells or distributes tobacco
products.
    (13) "Tobacco product" means any substance that contains tobacco
including, but not limited to, cigarettes, cigars, pipes, snuff, smoking
tobacco, tobacco papers, or smokeless tobacco.
    (14) "Vending machine" means any mechanical, electronic or other similar
device which, upon the insertion of tokens, money or any other form of
payment, dispenses tobacco products.
    (15) "Vendor assisted sales" means any sale or distribution in which the
customer has no access to the product except through the assistance of the
seller.
    (16) "Without a permit" means a business that has failed to obtain a
permit or a business whose permit is suspended or revoked.