SEC. 41-11. TOBACCO-PRODUCT VENDING MACHINES PROHIBITED; DEFENSES.

   (a)   A person commits an offense if he owns or allows the display or use of any tobacco-product vending machine upon any property within the city.

   (b)   It is a defense to prosecution under Subsection (a) that the tobacco-product vending machine was:

      (1)   situated in a premises where entry by a person under 21 years of age is prohibited by law;

      (2)   situated in a hotel, motel, bar, or restaurant bar,

      (3)   located in a workplace with the permission of the employer; provided that:

         (A)   the employer usually has no person under 21 years of age employed at the workplace; and

         (B)   the tobacco-product vending machine is situated at a location within the workplace to which no person other than an employee of the workplace is usually permitted to have access; or

      (4)   located in an eating establishment and equipped with a lock-out device that was installed, maintained, and operated in compliance with Section 41-12. (Ord. Nos. 21540; 21613; 25168; 27440; 31360)