qualified adult-only facility — Law Dictionary

21 U.S.C. § 387a-1 — in this section (2 versions over time)

For purposes of this paragraph, the term ‘qualified adult-only facility’ means a facility or restricted area that—

(“i) requires each person present to provide to a law enforcement officer (whether on or off duty) or to a security guard licensed by a governmental entity government-issued identification showing a photograph and at least the minimum age established by applicable law for the purchase of smokeless tobacco;

(“ii) does not sell, serve, or distribute alcohol;

(“iii) is not located adjacent to or immediately across from (in any direction) a space that is used primarily for youth-oriented marketing, promotional, or other activities;

(“iv) is a temporary structure constructed, designated, and operated as a distinct enclosed area for the purpose of distributing free samples of smokeless tobacco in accordance with this subparagraph;

(“v) is enclosed by a barrier that—

(“I) is constructed of, or covered with, an opaque material (except for entrances and exits);

(“II) extends from no more than 12 inches above the ground or floor (which area at the bottom of the barrier must be covered with material that restricts visibility but may allow airflow) to at least 8 feet above the ground or floor (or to the ceiling); and

(“III) prevents persons outside the qualified adult-only facility from seeing into the qualified adult-only facility, unless they make unreasonable efforts to do so; and

(“vi) does not display on its exterior—

(“I) any tobacco product advertising;

(“II) a brand name other than in conjunction with words for an area or enclosure to identify an adult-only facility; or

(“III) any combination of words that would imply to a reasonable observer that the manufacturer, distributor, or retailer has a sponsorship that would violate section 897.34(c).