The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Electronic vaping device.
Any electronically powered or battery powered device that uses an atomizer or similar device allowing users to inhale nicotine vapor or any other vapor 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, including any liquid nicotine products that are manufactured for use with electronic vaping devices.
Liquid nicotine.
Any liquid product composed either in whole or in part of pure nicotine and propylene glycol and/or any other substance and manufactured for use with electronic vaping devices.
Minor.
A person under 18 years of age.
Open display unit.
In the context of the retail sale of electronic vaping devices, any device, furniture or furnishing within or upon which electronic vaping devices are displayed to customers and includes, but is not limited to, any case, rack, shelf, counter, table, desk, kiosk, booth, stand, and vending machine.
Retailer.
A person or retail store who/which engages in the practice of selling electronic vaping devices to consumers and includes, but is not limited to, the owner of an open display unit.
Self-service merchandising.
In the context of retail sale of electronic vaping devices, the open display for direct retail customer access and handling prior to purchase, without the intervention or assistant of the retailer or the retailer’s owner, employee or agent, including, but not limited to, the use of an open display unit of electronic vaping devices, whether packaged or otherwise.
Vaping store, vape shop, and/or vapor store.
A retailer whose primary use is for the sale of electronic vaping devices and other products associated with vaping, whose sale of other products is incidental, and whose gross revenues are over 80% from the sale of electronic vaping devices and products associated with vaping.
(Ordinance 2014-32 adopted 8/12/14)
(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 and 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.
(Ordinance 2014-32 adopted 8/12/14)
(a) 
A person or retailer commits an offense if the person or retailer sells, gives or causes to be sold or given an electronic vaping device to a minor or to a person who intends to deliver it to a minor.
(b) 
If the offense under this section occurs in connection with a sale of an electronic vaping device at a business by an employee of the business, the employee who committed the offense is subject to prosecution.
(c) 
It is a defense to prosecution under subsection (b) that at the time of the sale, the minor presented the person with an apparently valid proof of identification showing the minor was at least 18 years of age.
(d) 
A proof of identification satisfies the requirements of subsection (c) if it contains the name of the minor, a photograph resembling the appearance of the minor and was issued by a state or federal government agency.
(Ordinance 2014-32 adopted 8/12/14)
(a) 
A person or retailer may not:
(1) 
Offer electronic vaping devices for sale in a manner that permits a customer direct access to the electronic vaping devices;
(2) 
Offer electronic vaping devices by means of self-service merchandising; or
(3) 
Install or maintain an open display unit containing electronic vaping devices.
(b) 
It is a defense to prosecution under subsection (a) if:
(1) 
A facility or business is not open to minors at any time;
(2) 
A facility or business is a premises for which a person holds a package store permit issued under the Texas Alcoholic Beverage Code; or
(3) 
An open display unit is located in an area that is inaccessible to customers.
(Ordinance 2014-32 adopted 8/12/14)
Violations of this division shall each constitute a separate offense and shall each be punishable as a class C misdemeanor and shall each be punishable by a fine not to exceed $500.00 for each day the violation exists. A culpable mental state is not required for a violation of this division and need not be proved.
(Ordinance 2014-32 adopted 8/12/14)