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)