For the purpose of this division, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
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.
A person younger than 18 years of age.
An individual, corporation, sole proprietorship, and any
other type of business entity recognized under state law.
Actual care, custody, control or management.
A cigarette;
A cigar;
Smoking tobacco, including granulated, plug-cut, crimp-cut,
ready rubbed and any form of tobacco suitable for smoking in a pipe
or as a cigarette;
Chewing tobacco, including plug, scrap, and any kind of tobacco
suitable for chewing;
Snuff or other preparations of pulverized tobacco; or
Any other article or product that is made of tobacco.
(Ordinance 1016-2014, sec. 1, adopted 1/28/14)
(a)
A
person commits an offense if with criminal negligence the person sells,
gives or causes to be sold or given a tobacco product or 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
a tobacco product or an electronic 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.
(e)
It
is not a defense under this section that the minor purchased the tobacco
product or electronic vaping device from a vending machine or other
self-service merchandising mechanism if the machine or mechanism was
located on the premises of the person.
(Ordinance 1016-2014, sec. 1, adopted 1/28/14)
(a)
A
minor commits an offense if the minor possesses, purchases or attempts
to purchase a tobacco product or 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 a tobacco product or 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 tobacco product or 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 1016-2014, sec. 1, adopted 1/28/14)
A justice court or municipal court may exercise jurisdiction
over any matter in which a court may:
(1)
Impose
a requirement that a defendant attend a tobacco awareness program
or perform tobacco-related community service pursuant to section 161.253,
“Tobacco Awareness Program, Community Service,” of the
Texas Health and Safety Code; or
(2)
Order
the suspension or denial of a driver’s license or permit pursuant
to section 161.254, “Driver’s License Suspension or Denial,”
of the Texas Health and Safety Code.
(Ordinance 1016-2014, sec. 1, adopted 1/28/14)
(a)
An
individual convicted of an offense under section 161.252 of the Texas
Health and Safety Code may apply to the court to have the conviction
expunged. If the court finds that the individual satisfactorily completed
the tobacco awareness program or tobacco-related community service
ordered by the court, the court shall order the conviction and any
complaint, verdict, sentence, or other document relating to the offense
to be expunged from the individual’s record and the conviction
may not be shown or made known for any purpose.
(b)
The
court shall charge an applicant a fee in the amount of $30.00 for
each application for expungement filed under this section to defray
the cost of notifying state agencies of orders of expungement under
this section.
(Ordinance 1016-2014, sec. 1, adopted 1/28/14)
Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of section 8.02.122 of this division shall be fined not more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of section 8.02.123 of this division shall be fined not more than two hundred and fifty dollars ($250.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 1016-2014, sec. 4, adopted 1/28/14)
