§ 1101.

DEFINITIONS

For the purposes of this Chapter, the following terms shall have the following meanings, unless the context requires otherwise:

a.

“Cell phone” means a portable wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations. A cell phone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle.

b.

“Cell phone retailer” means any person or entity within the City which sells or leases cell phones to the public or which offers cell phones for sale or lease. “Cell phone retailer” shall not include anyone selling or leasing cell phones over the phone, by mail, or over the internet. “Cell phone retailer” shall also not include anyone selling or leasing cell phones directly to the public at a convention, trade show, or conference, or otherwise selling or leasing cell phones directly to the public within the City for fewer than 10 days in a year.

c.

“Cell phone service provider” means a telecommunications common carrier authorized to offer and provide cellular service for hire to the general public.

d.

“Director” means the Director of the Department of the Environment, or his or her designee.

e.

“Display materials” means informational or promotional materials posted adjacent to a sample phone or phones on display at the retail location that describe or list the features of the phone. “Display materials” shall not include any tag, sticker, or decal attached to a cell phone by the manufacturer, the manufacturer’s packaging for a cell phone, or materials that list only the price and an identifier for the phone.

History

(Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011)

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