CHAPTER 111: TOBACCO
Section
   111.01   Definitions
   111.02   Offenses generally
   111.03   Sale or delivery to minor; posting of signs regarding age restrictions
   111.04   Employing or permitting minor to sell tobacco products
   111.05   Sale or delivery near school or child care facility
   111.06   Free distributions prohibited in certain places
   111.07   Locking devices for vending machines
   111.08   Enforcement
 
   111.99   Penalty
§ 111.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MINOR. A person under 18 years of age.
   TOBACCO PRODUCT. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
   VENDING MACHINE. Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products.
(1998 Code, § 62-181) (Ord. 96-32, passed 8-21-1996)
§ 111.02 OFFENSES GENERALLY.
   (A)   It shall be unlawful for any minor to possess any tobacco product unless the possession by the minor is in direct supervision of the parent or guardian of such person and in the privacy of the parent’s or guardian’s home.
   (B)   It shall be unlawful for a person to sell tobacco products to a minor as outlined in Tex. Health and Safety Code § 161.081, Sale of Cigarettes or Tobacco Products to Minors Prohibited.
   (C)   It is unlawful for a minor to falsely state that he or she is 18 years of age or older or to present any document that indicates that he or she is 18 years of age or older to a person engaged in the selling of tobacco products.
(1998 Code, § 62-182) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
§ 111.03 SALE OR DELIVERY TO MINOR; POSTING OF SIGNS REGARDING AGE RESTRICTIONS.
   (A)   It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products to a minor.
   (B)   Signs informing the public of the age restrictions provided for in this chapter shall be posted at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. (Signs and decals are supplied by the Department of Health, Stock No. 4-171.)
(1998 Code, § 62-183) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
§ 111.04 EMPLOYING OR PERMITTING MINOR TO SELL TOBACCO PRODUCTS.
   It shall be unlawful for any person to engage, employ or permit a minor to sell tobacco products.
(1998 Code, § 62-184) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
§ 111.05 SALE OR DELIVERY NEAR SCHOOL OR CHILD CARE FACILITY.
   It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility or other building used for education or recreational programs for minors.
(1998 Code, § 62-185) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
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