(a) A person commits an offense if the person with criminal negligence:
(1) Sells, gives or causes to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age; or
(2) Sells, gives or causes to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.
(b) A retailer commits an offense if:
(1) An agent or employee of the retailer commits an offense under subsection (a) above; or
(2) The retailer, with criminal negligence, failed to prevent the offense through adequate supervision and training of the agent or employee.
(c) It is a defense to prosecution under subsection (a)(1) above that the person to whom the cigarette or other tobacco product was sold or given presented an apparently valid proof of identification.
(d) Proof of identification satisfies the requirements of subsection (c) above if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older and was issued by a governmental agency. The proof of identification may include a driver’s license issued by Texas or another state, a passport or an identification card issued by a state or the federal government.
(e) An offense under this section is a misdemeanor punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 17719, § 1, passed 8-21-2007)