Cigarette vending machines.
Houston Code of Ordinances § 21-17
in effectSec. 21-17. - Cigarette vending machines.
(a) As used in this section the following words and terms shall have the meanings herein ascribed:
(1) Bar means an establishment that derives 50 percent or more of its gross revenues from the sale of alcoholic beverages for on-premises consumption.
(2) Cigarette means:
a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
b. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (2)a., above.
(3) Cigarette vending machine means any self-service device which, upon insertion of coin(s), paper currency, token(s), card(s) or key(s) or any other item(s) dispenses one or more cigarettes, as defined above, provided that the term shall neither be deemed to include any machine that is in storage, in transit or otherwise not set up for use and operation nor be deemed to include any machine that is situated on a train, bus or other public conveyance.
(4) Restaurant bar means any area of a restaurant excluding the dining area, that is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which food service, if any, is only incidental to the consumption of such beverages.
(b) Subject to the defenses provided in subsection (c), below, it shall be unlawful for any person either to own or to suffer or allow the display or use of any cigarette vending machine upon any property within the city.
(c) It is a defense to prosecution under the provisions of this section that:
(1) The cigarette vending machine is situated in a premises where entry by any person under 18 years of age is prohibited by law; or
(2) The cigarette vending machine is situated in a hotel, a motel, a bar or a restaurant bar; or
(3) The cigarette vending machine is located in a workplace with the permission of the employer, provided that the employer has no persons under the age of 18 employed at the workplace, and further provided that the cigarette vending machine is situated at a location within the workplace to which persons other than those employed at the workplace are not permitted to have access.
(d) An offense under this section is a class C misdemeanor as defined by the Texas Penal Code.
(Ord. No. 91-427, § 2, 3-27-91)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH21HE_ARTIINGE_S21-17CIVEMAFetched: 10/26/2026