6-27-11 - Handout - Daugherty BEFORE THE BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN
COUNTY, FLORIDA, PROHIBITING SELF-SERVICE DISPLAY AND PLACEMENT OF
TOBACCO PRODUCTS; PROVIDING FOR A TITLE; PROVDING FOR INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION
WHEREAS, the Florida Legislature has enacted laws, located in Chapter 569, Florida
Statutes, that provide for increased regulation of the retail sale of tobacco products; and
WHEREAS, within Chapter 569, Florida Statutes, the Florida Legislature has provided for
civil, administrative and/or criminal penalties for the sale of tobacco products to a person under
the age of 18 and for the possession of such tobacco products by a person under the age of 18;
and
WHEREAS, the State of Florida entered into a settlement agreement with the tobacco
industry for billions of dollars to reimburse the State due to the prevalence of tobacco use; and
WHEREAS, the settlement agreement between the State of Florida and the tobacco
industry provides for a pilot program which is aimed specifically at the reduction of the use of
tobacco products by persons under the age of 18; and
WHEREAS, the U.S. Department of Health and Human Services has determined that
every day 3,000 children become smokers and a third of them, eventually, will die from
smoking-related illnesses. Smoking is this nation's leading preventable cause of death and kills
more than 430,000 people a year; and
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WHEREAS, the United States Supreme Court has held in Village of Hoffman Estates v.
Flipside, Hoffman Estates, Inc., 455 U.S 489, 102 S. Ct. 1186, 71 L.Ed2d 362 (1981), that
ordinances that regulate the commercial marketing and display of items that may be used for
illegal purposes does not violate the First Amendment; and
WHEREAS, the Martin County Board of County Commissioners along with the citizens of
Martin County are concerned about the use of tobacco products by persons under the age of
18; and
WHEREAS, the Martin County Board of County Commissioners believes that a reduction
in the availability, both visually and physically, of tobacco products to persons under the age of
18 will likely lead to a reduction in tobacco product use by that age group; and
WHEREAS,the Martin County Board of County Commissioners finds that such regulation
is in the best interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISISONERS OF
MARTIN COUNTY,THAT:
SECTION 1. Title.
This Ordinance shall be known and cited as the Martin County Tobacco Product
Placement Ordinance.
SECTION 2. Intent.
This article is intended to prevent the sale to and possession of tobacco products by
persons under the age of eighteen (18) by regulating the placement of such products.This
article shall not be interpreted or construed to prohibit the sale or delivery of tobacco products
which are otherwise lawful or regulated pursuant to Florida Statutes ch. 569.
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SECTION 3. Definitions.
For the purpose of this article the following terms shall mean:
Self-service display or placement means the open display or placement of tobacco
products to which the public has access without the intervention of the vendor, store owner or
other store employee.
Tobacco products include loose tobacco leaves, and products made from tobacco
leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing or
chewing, as defined in Chapter 569, Florida Statutes.
Tobacco retailer means any person or business that operates or manages a store, stand,
booth, concession or other place at which sales of tobacco products are made to purchasers.
Vendor assisted means the customer has no access to tobacco products without the
assistance of the vendor, store owner or other store employee.
SECTION 4. Self-service display and placement prohibited.
It shall be unlawful for any tobacco retailer to sell, to permit to be sold, to offer for sale
or to display any tobacco product by means of self-service display or placement or by any
means other than vendor assisted sales.
SECTION 5. Exceptions.
The provisions of this article shall not apply to an establishment that prohibits persons
under eighteen (18) years of age on the premises.
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SECTION 6. Penalties.
Violation of this ordinance is a misdemeanor pursuant to Section 125.69,
FLORIDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60)
days, or a fine of up to $500.00, or both such imprisonment and fine.
SECTION 7. Conflicting Provisions.
Special acts of the Florida legislature applicable only to unincorporated areas of Martin
County, Martin County ordinances, and Martin County resolutions, or parts thereof, in conflict
with this ordinance are hereby superseded by this ordinance to the extent of such conflict
except for ordinances concerning either adoption or amendment of the Martin County
comprehensive plan, pursuant to Chapter 163, Part II, Florida Statutes, or land development
regulations relating specifically to community redevelopment areas established pursuant to
Chapter 163, Part III, Florida Statutes.
SECTION 8. Severability.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provision thereof shall be held to be inapplicable to any person, property
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 9. Applicability of Ordinance.
This ordinance shall be applicable throughout Martin County's jurisdiction.
SECTION 10. Filing with the Department of State.
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The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance
to the Bureau of Administrative Code, Department of State, R.A. Gray Building, Room 101, 500
S. Bronough Street,Tallahassee, Florida 32399-0250.
SECTION 11. Effective Date.
This ordinance shall take effect upon filing with the Department of State.
SECTION 12. Codification.
Provisions of this ordinance shall be incorporated in the County Code and the word
"ordinance" may be changed to "section," "article" or other word, and the sections of this
ordinance may be renumbered or relettered to accomplish such intention; provided, however,
that Sections Seven to Twelve shall not be codified.
DULY PASSED AND ADOPTED THIS DAY OF , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
MARSHA EWING, CLERK EDWARD V. CIAMI, CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
STEPHEN FRY, COUNTY ATTORNEY
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GILCHRIST COUNTY,FLORIDA
ORDINANCE 2011-**
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
GILCHRIST COUNTY,FLORIDA; REGULATING THE PLACEMENT,
SALE AND DISPLAY OF CANDY FLAVORED TOBACCO THAT
APPEAL TO MINORS; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR ENFORCEMENT; PROVIDING INSTRUCTIONS TO THE
CODIFIER; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Gilchrist County Board of County Commissioners has the home rule
authority to regulate the placement, sale and display of tobacco products;and
WHEREAS,the Florida Legislature has enacted laws, located in Chapter 569, Florida
Statues, that provide for increased regulation of the retail sale of tobacco products;and
WHEREAS,the State of Florida has entered into a settlement agreement with the
tobacco industry for money to reimburse the State for some of the health care costs incurred by
the State because of illnesses related to tobacco use; and
WHEREAS,the State of Florida has declared it to be a policy to specifically reduce the
use of tobacco products under the age of 18;and
WHEREAS,the United States Surgeon General and the United States Department of
Health and Human Services have found that many of those Americas who die of tobacco related
diseases became addicted to tobacco products prior to reaching the legal age of consent;and
WHEREAS,the Gilchrist County Board of County Commissioners is concerned about
the use of tobacco products by persons under the age of 18, by this ordinance is undertaking to
reduce the visual and physical availability of tobacco products to minors in an effort to reduce
tobacco product use by that age group;and
WHEREAS,the Gilchrist County Board of County Commissioners finds that pursuant to
Chapter 560, Florida Statutes, stores selling tobacco products are required to post signs
prohibiting the sale of tobacco products to persons under the age of 18 years of age; and
WHEREAS,Chapter 569, Florida Statues,does not prohibit local governments from
regulating the placement and merchandising in other locations;and
WHEREAS,the Gilchrist Board of County Commissioners believes that a reduction in
the availability, both visually and physically, of tobacco products to persons under the age of 18
will likely lead to a reduction in tobacco product use by that age group;and
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WHEREAS,the Gilchrist County Board of County Commissioners finds that such
regulation is in the best interest of the public health, safety and welfare.
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF GILCHRIST COUNTY,FLORIDA:
Section 1. A new Article III, is added to Chapter 19 of the Gilchrist County Code to
read as follows:
ARTICLE III. DISPLAY AND SALE OF CERTAIN TOBACCO PRODUCTS
Sec. 19-110. Generally.
A. The intent of this Article is to help prevent the sale and delivery of candy flavored
tobacco products to persons under the age of 18 by regulating the commercial
marketing and placement of such products.
B. The provisions of this Article shall apply to all areas of Gilchrist County,
including within the incorporated municipalities.
C. This Article shall not be interpreted or construed to prohibit the sale or delivery of
tobacco products which are otherwise lawful or regulated pursuant to Chapter
569, Florida Statutes.
Sec. 19-111. Definitions.
For the purpose of this Article the following definitions shall apply:
"Vendor" shall mean any individual, sole proprietorship,joint venture,corporation,
cooperative association,or other legal entity licensed as a dealer in tobacco products
pursuant to Chapter 569, Florida Statutes, and any employee or agent of said vendor.
"Tobacco Products" shall include loose tobacco leaves, and products made from tobacco
leaves, in whole or in part, which can be used for smoking, sniffing or chewing, including
but not limited to cigarettes,pipe tobacco,and chewing tobacco in candy flavors,and
shall also include flavored cigarette wrappers.
"Candy-flavored tobacco products"shall mean tobacco or any of its component parts
(including the tobacco, filter,or paper)that contain,as a constituent(including a smoke
constituent)or additive, an artificial or natural flavor(other than tobacco or menthol)or
an herb or spice, including strawberry,grape,orange,clove, cinnamon,pineapple,
vanilla,coconut, licorice,cocoa,chocolate,cherry,or coffee,that is a characterizing
flavor of the tobacco product or tobacco smoke
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"Open Display Unit"shall mean a case, rack, shelf,counter,table, desk,kiosk, booth,
stand or other surface that allows direct public access to the product placed therein or
thereon.
"Restricted Access Area"shall mean a physically confined area with immediate access
limited to the vendor or vendor's employees only.
"Self-service tobacco merchandising"shall mean an open display of tobacco products
that the public has access to without the intervention of the vendor or the employee(s)of
the vendor.
Sec. 19-112. Display of Candy Flavored Tobacco Products
A. No vendor shall place candy flavored tobacco products in an open display unit,or
sell,permit to be sold, offer for sale,or display for sale any candy flavored
tobacco products by means of self-service tobacco merchandising.
B. This section shall not apply to any establishment that prohibits persons less than
18 years of age on the premises.
Section 2. The Codifier shall include Section 1 of this ordinance in the Gilchrist County
Code.
Section 3. A certified copy of this ordinance shall be filed with the Department of State
by the Clerk of the Board of County Commissioners and shall take effect upon receipt of official
acknowledgment from the Department of State that this ordinance has been filed.
This Ordinance is passed this day of ,2011. On motion made
by Commissioner ; Second by Commissioner
vote of to ; on a
BOARD OF COUNTY COMMISSIONERS
OF GILCHRIST COUNTY, FLORIDA
Randy Durden, Chair
ATTEST:
Joseph W. Gilliam
Clerk to the Board of County Commissioners
Ordinance 2011-**
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