Loading...
(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)
(a) Except as provided by subsection (b) below, a retailer or other person may not offer cigarettes or tobacco products for sale in a manner that permits a customer direct access to the cigarettes or tobacco products.
(b) Subsection (a) above does not apply to:
(1) A facility or business that is not open to persons younger than 18 years of age at any time; or
(2) A retail tobacco stores as defined in this chapter.
(c) A person commits an offense if the person violates subsection (a) above.
(Ord. 17719, § 1, passed 8-21-2007)
(a) A person commits an offense if that person sells, offers for sale, allows the sale of, allows the offer for sale of or allows the display for sale of tobacco products by use of a vending machine.
(b) Exceptions.
(1) It is an exception to subsection (a) above that a cigarette vending machine is located within an enclosed facility which does not admit any persons under the age of 18 years. The establishment shall post a sign at each entrance of the enclosed facility that persons under the age of 18 years are prohibited from the enclosed facility.
ENCLOSED FACILITY means an area surrounded by a wall and which area may not be accessed except by doorway.
(2) It shall also be an exception to subsection (a) above that a cigarette vending machine is located in a portion of a facility to which the general public or members of a private club do not have access. The establishment shall post a sign at the entrances to the area to which the general public or members of a private club are prohibited.
(Ord. 17719, § 1, passed 8-21-2007)
(a) A retailer may not sell, give or cause to be sold or given a cigarette or tobacco product to someone who is younger than 27 years of age unless the person to whom the cigarette or tobacco product was sold or given presents an apparently valid proof of identification showing the person’s age to be 18 years of age or older.
(b) A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of subsection (a) above.
(c) Proof of identification described in § 29.5-9(d) satisfies the requirements of subsection (a) above.
(d) A retailer commits an offense if the person violates this section.
(Ord. 17719, § 1, passed 8-21-2007)
Each retailer shall notify each individual employed by the retailer who is to be engaged in retail sales of cigarettes or tobacco products that state law:
(a) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 18 years of age as provided in § 29.5-9 and that a violation of this provision is a Class C misdemeanor; and
(b) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 27 years of age unless the person to whom the cigarette or tobacco product is sold or given presents an apparently valid proof of identification as provided by § 29.5-12.
(Ord. 17719, § 1, passed 8-21-2007)
Loading...