Section 16.07.25.010 - DEFINITIONSIn addition to the definitions under Section 39-5702, Idaho Code, the following definitions apply:
01.Business. Any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities that sells or distributes tobacco or electronic smoking device products. Wholesalers' or manufacturers' representatives in the course of their employment are not included in these rules.02.Delivery Sale. The distribution of tobacco or electronic smoking device products to a consumer in a state where either: a. The individual submits the order for a purchase of tobacco or electronic smoking device products by a telephone call or other voice transmission method, data transfer via computer networks, including the internet and other online services or by use of a facsimile machine transmission or use of the mails; orb. When tobacco or electronic smoking device products are delivered by use of the mails or a delivery service.03.Delivery Service. Any person who is engaged in the commercial delivery of letters, packages, or other containers. This includes permittees who take an order for tobacco or electronic smoking device products and then deliver the tobacco or electronic smoking device products without using a third-party delivery service.04.Department. The Idaho Department of Health and Welfare, or its representative.05.Direct Sale. Any face to face, or in person sale, of a tobacco or electronic smoking device product by a permittee, or their employee, to an individual.06.Location. The street address and building in which the tobacco or electronic smoking device products are sold, or the uniform resource locator (URL) for retailers who sell tobacco or electronic smoking device products exclusively via the internet.07.Minor. A person under twenty-one (21) years old.08.Permit Endorsement. An endorsement identifies a sale or delivery method used by a permittee to sell tobacco or electronic smoking device products. There are three (3) types of endorsements that may be included on a permit. The three (3) endorsement types are: 09.Photographic Identification. In all cases, the identification bears a photograph and a date of birth. Verification is not required by these rules if the buyer is known to the seller to be age twenty-one (21) or older. Types of identification include: a. State, district, territorial, possession, provincial, national, or other equivalent government driver's license; orb. State identification card or military identification card; or10.Purchaser. An individual who seeks to buy or who buys a tobacco product or electronic smoking device.11.Random Unannounced Inspection. An inspection of business by a law enforcement agency or by the Department, with or without the assistance of a minor, to monitor compliance with these rules.a. Random. At any time, without a schedule or frequency.b. Unannounced. Without previous notification.12.Retail Sales Minor-Exempt Permit. A permit that is issued to retail locations whose revenues from the sale of alcoholic beverages for on-site consumption are at least fifty-five percent (55%) of total revenues, or whose products and services are primarily obscene, pornographic, profane, or sexually oriented. A permittee issued this type of permit is exempt from minor-assisted inspections where minors are not allowed on the premises and such prohibition is clearly posted at all entrances.13.Tobacco or Electronic Smoking Device Product. Any substance that contains is made of, or is derived from tobacco or nicotine including devices and device components used to consume these products, as outlined under Section 39-5702(13), Idaho Code.14.Vendor Assisted Sales. Any sale or distribution in which the customer has no access to the product except through the assistance of the seller. The seller physically dispenses the tobacco or electronic smoking device product to the purchaser.15.Violation. An action contrary to Title 39, Chapter 57, Idaho Code, or IDAPA 16.07.25, "Prevention of Minors' Access to Tobacco or Electronic Smoking Device Products."Idaho Admin. Code r. 16.07.25.010