§ 22-71. Purchase by minor of e-cigarettes.

(a)

Definitions. As used in this section, the following words and phrases shall have the following meanings:

Electronic cigarette or e-cigarette means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices.

Liquid nicotine means any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an e- cigarette to be converted into a gas for inhaling.

Minor means a person less than 18 years of age.

Person means any natural person, individual, corporation, limited liability company, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business of any kind.

Photographic identification means state, district, national or other equivalent government driver's license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.

(b)

Prohibited acts.

(1)

No person may give, distribute, transfer, sell, market, or offer e-cigarettes, their components, or samples to any minor.

(2)

No minor may purchase or obtain e-cigarette or their components. This prohibition does not apply to activities or enforcement actions under the control of a city, state, or federal law enforcement authority.

(3)

No person shall sell or permit to be sold e-cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited.

(c)

Penalty and exceptions.

(1)

The penalty for violation of this section shall be in accordance with the general penalty provision contained in the Code of Ordinances of the City of Rockwall, Texas. Each continuing day's violation under this section shall constitute a separate offense.

(2)

It is a defense to a prosecution for violation of subsection (b) of this section that a minor possessed an e-cigarette product in the presence of an adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court.

(3)

It is a defense to a prosecution for violation of subsection (b) of this section that a minor possessed a e-cigarette product while in the course and scope of the minor's employment by a person or entity in the business of being a distributor, wholesaler, bonded agent or retailer of e-cigarette products.

(4)

Purchase by minor.

a.

It is a defense to prosecution under this subsection (b) that the minor purchased an e-cigarette product in the presence of an adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court.

b.

False information. It is an offense for a minor, in order to acquire an e-cigarette product, to state to any person engaged in the business of selling such products that such minor is not a minor, or to present to any such person a document or writing that purports to establish that such minor is not a minor.

(Ord. No. 14-05, § 3, 1-21-2014)