The purpose of this division is to prohibit the purchase, use,
and possession by minors, and the sale to minors, of e-cigarettes,
hereinafter defined, within the city limits.
(Ordinance 598-2014 adopted 8/21/14)
The following words and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any device that uses an atomizer or similar device that allows
users to inhale nicotine vapor or other vapor without the use of fire,
smoke, ash or carbon monoxide. The definition of e-cigarette includes
any of its component parts.
Any individual younger than eighteen (18) years of age.
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
(Ordinance 598-2014 adopted 8/21/14)
It shall be unlawful for any person to give, sell, or offer
for sale an e-cigarette to a minor within the city limits.
(Ordinance 598-2014 adopted 8/21/14)
It shall be unlawful for any minor to use, purchase, or possess
an e-cigarette within the city limits.
(Ordinance 598-2014 adopted 8/21/14)
It shall be unlawful for a minor to state, in order to acquire
an e-cigarette, to any person engaged in the business of selling 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 598-2014 adopted 8/21/14)
It shall be a defense to a violation of sections 8.06.063, 8.06.064 and 8.06.065, above, if the minor is:
(1)
In
the course and scope of the minor’s employment by a person 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 e-cigarettes; or
(2)
In
the presence of a parent, guardian, spouse or other adult to whom
the minor had been committed by a court.
(Ordinance 598-2014 adopted 8/21/14)
