Electronic cigarette or e-cigarette.
A battery-powered product that uses an atomizer or similar
device that allows users to inhale nicotine vapor or other vapor without
fire, smoke, ash or carbon monoxide. The definition of e-cigarette
includes any of its component parts.
Minor.
A person younger than 18 years of age.
Possession.
Actual care, custody, control or management.
(Ordinance 2014-10 adopted 3/18/14)
(a) Offense.
It shall be unlawful for any person to give,
sell or offer to sale an e-cigarette, liquid nicotine or sample to
a minor within the territorial limits of the city.
(b) Defenses.
It shall be a defense to the above offense
if:
(1) The minor is in the presence of a parent, guardian, spouse or other
adult to whom the minor had been committed by a court; or
(2) The minor presents an apparently valid proof of identification.
(Ordinance 2014-10 adopted 3/18/14)
(a) Prohibition of possession of an e-cigarette by a minor.
A minor commits an offense if the minor possesses an e-cigarette
product, and the minor was not:
(1) In the course and scope of the minor’s employment by a person
or entity holding a permit issued by the state authorizing the person
to engage in the business of being a distributor, wholesaler, bonded
agent or retailer of tobacco products or e-cigarettes; or
(2) In the presence of an adult, parent, guardian, spouse or other adult
to whom the minor had been committed by a court.
(b) Purchase of an e-cigarette by a minor utilizing false information.
A minor commits an offense if, in order to acquire a tobacco
product or an c-cigarette, the minor states to any person engaged
in the business of selling tobacco products or e-cigarettes that such
minor is 18 years of age or older, or presents to any such person
a document or writing that purports to establish that such minor is
18 years of age or older.
(Ordinance 2014-10 adopted 3/18/14)
Any person violating any provision of this division shall be subject to section
1.01.009 of this code.
(Ordinance 2014-10 adopted 3/18/14)