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A. Cigarette” means all rolled tobacco or any substitute therefor, wrapped in paper or any substitute therefor and weighing not to exceed three pounds per thousand (1,000) cigarettes.

B. Consumer” means any person who receives or comes into possession of cigarettes or tobacco products for the purpose of consuming or otherwise disposing of them in any way except by an exchange for value.

C. Nontobacco product” when used in the context of this chapter and ordinance means a nonsmokeable product of any species of the tobacco plant, including chewing tobacco and snuff.

D. Person” means any natural individual, company, partnership, firm, joint venture, association, corporation, estate, trust, political entity or other identifiable entity to which this Act can be applied.

E. Retailer” means any person who comes into possession of cigarettes or tobacco products for the purpose of selling or who sells them at retail, or any person not coming within the definition of a wholesaler having possession of more than one thousand (1,000) cigarettes.

F. Sale,” “sales,” “selling,” or “sells” mean all sales, barters, exchanges or other transfers of ownership of cigarettes or tobacco products from one person to another, or the use or consumption within the Osage Nation jurisdiction in the first instance of cigarettes or tobacco products from outside the Osage Nation jurisdiction upon which the Osage Nation tax has not been paid.

G. Stamp” means, in cases of cigarettes, the Native American Compact stamp, as described in the Osage Nation Tobacco Tax Compact with the State of Oklahoma, by which the tax levied hereunder is paid. If no Compact is in place, the term “stamp” means the stamp placed on cigarettes to evidence payment of all taxes authorized by the Osage Nation. In all other cases, the term “stamp” means any stamp authorized by the Tax Commission which evidences payment of a tax.

H. Tax Commission” means the Osage Nation Tax Commission.

I. Tobacco product” means any smokable product of any species of the tobacco plant, including smoking tobacco suitable for smoking in pipes or rolling into cigarettes, or roll of tobacco for smoking irrespective of size or shape or adulteration which has a wrapper made chiefly of tobacco and includes but its not limited to those items commonly known as cigars, cheroots, or stogies, and any articles or products made from tobacco or any substitute therefore except cigarettes, but not including chewing tobacco of any description including snuff.

J. Use” means the exercise of any right of power over cigarettes or tobacco products incident to the ownership thereof except sales of cigarettes or tobacco products in the regular course of business.

K. Wholesaler” means any jobber or person organized and existing or doing business primarily to sell cigarettes or tobacco products to and render services to retailers and who makes such sales or renders such services to retailers within the jurisdiction of the Osage Nation, provided, that at least seventy-five percent (75%) of the whole gross sales within the jurisdiction of the Osage Nation are made at the wholesale level. Irrespective of the foregoing requirements, any jobber or person who is recognized and licensed as a wholesaler in the jurisdiction wherein said jobber or person resides, is incorporated, or has its principal place of business, shall be a wholesaler as defined by this Act.

L. Within the Osage Nation jurisdiction” means all geographical areas within the territorial jurisdiction for the Osage Nation as described in Section 3 of this Title. ONCA 06-10, eff. Sept. 29, 2006.