(a) A person commits an offense if the person owns or operates a convenience store without a valid certificate of registration. A separate certificate of registration is required for each physically separate convenience store.
(b) It is a defense to prosecution under Subsection (a) that at the time of the alleged offense:
(1) the convenience store had been open for business less than 45 days;
(2) the majority ownership of the convenience store had changed and the store had been open for business under the new ownership for less than 45 days; or
(3) the establishment is operating as a cigar bar or tobacco shop as defined in this chapter.