(a)
It is the purpose of this article to regulate businesses that sell or trade in illegal smoking materials and misbranded drugs as defined by section 8-1-26 of this code, to promote the health, safety, and general welfare of the citizens of the city and to protect the citizens from the known health risks and other dangers of these drugs. This article is necessary to protect the safety and welfare of children, because it is known that these products are marketed to children in bright and colorful packaging often including cartoon characters, are sold and in stores that are easily accessed by children, and are promoted as safe and legal even though these products are known to be addictive and pose serious health risks.
(b)
It is the intent of the city council that the locational regulations of section 4-18-3 of this article are promulgated pursuant to state and federal law.
(c)
The
provisions of this article are considered cumulative of any other
laws or ordinances, and if other laws or ordinances prohibit any conduct
regulated by this article, such prohibition shall be effective.
(Ordinance 2013-50, sec. 2, adopted 9/10/13)
(a)
For
the purposes of this article, the word “he” shall be defined
to include the word “she.”
(Ordinance 2013-50, sec. 2, adopted 9/10/13)
(a)
A person
commits an offense if he owns, operates, or causes to be operated
an establishment that sells or offers for sale any illegal smoking
material or misbranded drug within eight hundred (800) feet of:
(1)
A church, defined as a building in which persons regularly assemble
for religious worship intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief
either inside or outside the city limits;
(2)
A public or private elementary or secondary school, a day care center
licensed by the state, a college or a university, together with the
playgrounds, stadia and other structures or grounds used in conjunction
therewith either inside or outside the city limits;
(3)
A boundary of a residential zoning district;
(4)
A public park, defined as land and its buildings and improvements
provided for recreation, sports, picnics, or amusement by the city,
Ector County, ECISD, the state, or any other government entity or
nonprofit agency used for specific groups such as Little League baseball
or the public generally either inside or outside the city limits;
(5)
A convention center or coliseum, defined as land and its buildings
and improvements, owned by a governmental entity and designed primarily
for the use of holding conventions, entertainment, trade shows, civic
activities, and other similar activities; or
(6)
A mall, defined as land and its buildings and improvements operated
and maintained as a single entity containing one (1) or more structures
to accommodate commercial, retail or office use, providing an enclosed/covered
common area which is made available for demonstrations, contests,
display booths, recreational walking, and other activities that would
attract young people and the general public.
(b)
For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where business described in subsection (a) is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, state-licensed day care center, coliseum, convention center, or mall or to the nearest boundary of an affected public park or residential district.
(Ordinance 2013-50, sec. 2, adopted 9/10/13)
(a)
Any
violation of this article, upon conviction, is punishable as a class
C misdemeanor.
(b)
Any
person violating a provision of this article, upon conviction, shall
be fined an amount not to exceed two thousand dollars ($2,000.00).
Each day any violation of this article shall continue shall constitute
a separate offense.
(Ordinance 2013-50, sec. 2, adopted 9/10/13)
