(a)
Electronic
vaping device
shall mean 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.
(b)
Minor
shall mean, for the purpose of this article only, a person younger
than 18 years of age.
(c)
Person
shall mean an individual, corporation, sole proprietorship,
and any other type of business entity recognized under Texas law.
[Ord. No. 1271-14, § 2, 5-6-2014]
(a)
A person
commits an offense if the person 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 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 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.
[Ord. No. 1271-14, § 2, 5-6-2014]
