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Editor's note—Ord. No. B-794-10, adopted Sept. 7, 2010, enacted these provisions as Art. VI. To preserve the style of this Code, they have been redesignated as Art. VII.
(Ord. No. B-794-10, § 1(54-118), 9-7-2010; Ord. No. CSO#048-07-2014, § 2, 7-21-2014)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
ELECTRONIC VAPING DEVICE
Any electronically powered or battery powered device designed to simulate the smoking of tobacco, cigarettes, pipes or cigars. An electronic vaping device includes personal vaporizers, electronic cigarettes (e-cigarettes), electronic pipes (e-pipes), electronic cigars (e-cigars) and any other type of electronic nicotine delivery system or any part thereof.
RESTRICTED SMOKING MATERIAL
Any substance, however marketed, which can reasonably be converted for smoking purposes whether it is presented as incense, tobacco, herbs, spices or any blend thereof, if it includes any of the following chemicals or a comparable chemical:
(1) 
Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 
2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues;
(3) 
(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol) (also known as HU-211 or Dexanabinol);
(4) 
1-pentyl-3-(1-naphthoyl)indole (also known as JWH-018);
(5) 
1-butyl-3-(1-naphthoyl)indole (also known as JWH-073); or
(6) 
1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081).
Products containing some of the above substances are currently being marketed under the following commercial names:
"K-2", "K-2 Summit", "K-2 Sex", "Genie", "Dascents", "Zohai", "Sage", "Spice", "KO Knock-Out 2", "Spice Gold", "Spice Diamond", "Yucatan Fire", "Solar Flare", "Pep Spice", "Fire n' Ice", and "Salvia Divinorum".
It is anticipated by the city council that new products will be marketed under different names and the council intends that they shall be included in this definition and shall be subject to this article if they contain any of the chemical components set forth above.
(Ord. No. B-794-10, § 1(54-119), 9-7-2010)
The purpose of this article is to prohibit the sale or delivery of restricted smoking materials as defined herein to any individual below 21 years of age within the city limits of the City of Burleson and to prohibit the possession of restricted smok ing materials by any individual below 21 years of age within the city limits of the City of Burleson. Any form of delivery including a simple gift constitutes a violation of this article.
(Ord. No. B-794-10, § 1(54-120), 9-7-2010)
It shall be unlawful for any person to sell, offer to sell, deliver to or to give any restricted smoking material to anyone below 21 years of age.
(Ord. No. B-794-10, § 1(54-122), 9-7-2010)
It shall be unlawful for any person to sell, offer to sell, display for sale, deliver or give any restricted smoking material to any person within 1,000 feet of the following:
(a) 
A church.
(b) 
A public or private elementary or secondary school.
(c) 
A licensed day care center.
(d) 
A public park, recreation center or water park.
(e) 
A public library.
For purposes of this section, 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 for purpose of selling or delivering the restricted smoking material to the nearest property line of the premises of a church, public or private elementary or secondary school, licensed day care center, public library, public park, recreation center or water park.
(Ord. No. B-794-10, § 1(54-123), 9-7-2010)
(a) 
It shall be a defense to prosecution for a violation of this article if the use of the restricted smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas.
(b) 
It shall be a defense to prosecution under the terms of this article if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or a spiritual leader recognized by the State of Texas.
(Ord. No. CSO#048-07-2014, § 3, 7-21-2014)
(a) 
A minor commits an offense if the minor possesses, purchases or attempts to purchase an electronic vaping device.
(b) 
A minor commits an offense if the minor falsely represents himself or herself to be 18 years of age or older for the purpose of purchasing or receiving an electronic vaping device.
(c) 
It shall be a defense to prosecution for a violation of this section if at the time of the purchase, the minor:
(1) 
Was in the presence of an adult parent or legal guardian of the minor;
(2) 
Was in the course of scope of the minor's employment and the purchase of the electronic vaping device was a part of the duties of such employment; or
(3) 
Was participating in an inspection or test of compliance in conjunction with local law enforcement.
(d) 
For the purposes of this section, a "minor" is a person who is under the age of 18 years old.