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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)
(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
(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
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
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
It shall be unlawful for any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, in the course of such person’s business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the city, any school district, any park district or any public library.
(1998 Code, § 62-186) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
(A) It shall be unlawful for any person to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of vending machines, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the person so as to prevent its operation by minors.
(B) Any premises where access by persons under the age of 18 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of businesses located at such premises, shall be exempt from the requirements of division (A) above.
(1998 Code, § 62-187) (Ord. 96-32, passed 8-21-1996) Penalty, see § 111.99
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