means any kind of machine or device operated by or with a coin, metal slug, token, or check that dispenses, or is used or is capable of being used to dispense or afford, amusement, skill, or pleasure or is operated for any purpose other than for dispensing only merchandise, music, or service. The term includes a marble machine, marble table machine, marble shooting machine, miniature racetrack machine, miniature football machine, miniature golf machine, miniature bowling machine, billiard or pool game, or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing skill or pleasure; the term does not include any amusement machine designed exclusively for a child or otherwise prohibited by this article. (An "amusement machine" pursuant to this definition is the same as a "skill or pleasure coin-operated machine" pursuant to Texas Occupations Code section 2153.002(9), as amended.)

means where a grocery store, supermarket, convenience store, or similar market uses no more than two (2) percent of its gross floor area, or two hundred (200) square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes, or tobacco. For any grocery store, convenience market, retail kiosk, or similar use consisting of two hundred fifty (250) square feet or less, "ancillary sale" shall mean where no more than five (5) square feet are used for the display, sale, distribution, delivery, offering, and furnishing, or marketing of conventional cigars, cigarettes, or tobacco.

means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution. Popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.

means any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, sorting, sniffing, or ingesting by any other means into the body.

means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in Texas Health and Safety Code. Items or devices classified as tobacco paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Tobacco stores shall not be located within three hundred (300) feet, measured property line to property line, from a school (public or private), family day-care home, child-care facility, and youth center, community center, recreational facility, park, hospital, or other similar uses where children regularly gather. For purposes of the measurement of distances herein, the measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing use enumerated herein to the nearest portion of the property line of the property sought to be used as a tobacco store.

Tobacco stores shall not be located within one thousand (1,000) feet, measured property line to property line, from another tobacco store.

It shall be unlawful for a tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any tobacco store.

Tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one (1) such sign shall be placed in a conspicuous location near each public entrance to the tobacco store. It shall be unlawful for a tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

Additional regulations.

A tobacco store lawfully operating on the effective date of this ordinance that is in violation of the location requirements of this section shall be deemed a nonconforming use, subject to section 22 of the zoning ordinance.

This section shall not apply to any grocery store, supermarket, convenience store, or similar retail use that sells conventional cigars, cigarettes, or tobacco as an ancillary sale.