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Home My WebLink About14-008ORDINANCE 14-008 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 1-6 (CHILDREN) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA ENTITLED ~~MERCHANDISING OF TOBACCO PRODUCTS"; AMENDING SECTION 1-6-43 (DEFINITIONS) TO INCLUDE DEFINITIONS OF ELECTRONIC CIGARETTES AND LIQUID NICOTINE; AMENDING SECTION 1-6-44 TO PREVENT THE SALE OF ELECTRONIC CIGARETTES TO ANY PERSONS UNDER EIGHTEEN (18) YEARS OLD; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the state and federal governments have been slow to respond meaningfully to the public health crisis caused by smoking, and to implement measures to curb smoking and its inherent dangerous effects on the general public's health; and WHEREAS, the dangers posed by tobacco are not limited to cigarettes, pipes or other traditional forms of smoking; and WHEREAS, new, unregulated high-tech smoking devices, commonly referred to as electronic cigarettes or e-cigarettes have recently become more available to consumers; and WHEREAS, nicotine is a known neurotoxin that is also one of the most highly addictive substances available for public consumption; and WHEREAS, the manufacturers and marketers of e-cigarettes purposefully and intentionally advertise their products as safe nicotine delivery devices and smoking cessation modalities; and WHEREAS, concurrent with this lack of suitable information e-cigarettes manufacturers offer their liquid nicotine cartridges in a variety of flavors, including cherry, chocolate, and vanilla, which flavorings the FDA and public health advocates warn are purposefully meant to appeal to and attract young people and are commonly referred to as "training wheels" for traditional cigarettes; and WHEREAS, the nicotine content provided by e-cigarettes is unknown and unspecified and presents a significant risk of rapid addiction or overdose; and 1 Underlined passages are added JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY Fl~F_ # 9'99bfi Q' '_3'0?4 ;;t 0' OS P~,1 JR B:~Oh ~5C8 aa:;~E ' 1 ~3 - ' tU, voc '°Ype: ORCN RECi.}R~ING X44 OG WHEREAS, other governments and public health organizations, including the World Health Organization and the Canadian government's FDA equivalent, the Health Products and Food Branch Inspectorate, have joined the FDA in speaking out about potential dangers posed by e-cigarettes and ar-e also calling on e-cigarette manufacturers to discontinue their safety claims until these products have been independently tested; and WHEREAS, every year tobacco products siphon off more than $268 billion in directly related healthcare and lost worker productivity costs and lead to the deaths of almost one-half million Americans and the County Commission is supportive of tobacco cessation programs and modalities that have proven efficacy and utilize safe FDA-approved products; and WHEREAS, protecting the citizens of St. Lucie County against an untested nicotine product like e-cigarettes and liquid nicotine represents sound public health and fiscal policy; and WHEREAS, a ban on the sale of e-cigarettes and liquid nicotine and like products in St. Lucie County to persons under the age of 18 and a prohibition on self-service merchandising in the retail sale of e-cigarettes, liquid nicotine, and like products in order to minimize their physical accessibility to minors serves an important public interest in furtherance of the health, safety, and general welfare of the citizens of St. Lucie County, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDING ARTICLE IV (MERCHANDISING OF TOBACCO PRODUCTS) OF THE CODE OF ORDINANCES AND COMPLIED LAWS OF ST. LUCIE COUNTY Chapter 1-6 (Children), Article IV (Merchandising of Tobacco Products), of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: CHAPTER 1-6 CHILDREN ARTICLE IV: MERCHANDISING OF TOBACCO PRODUCTS Section 1-6-41 Short Title. From and after the effective date hereof, this article shall be known as the "St. Lucie County Merchandising of Tobacco Products Ordinance". 2 Underlined passages are added Section 1-6-42 Intent. This Article is intended to prevent the sale and delivery of tobacco products and electronic cigarettes and liquid nicotine to persons under the age of 18 by regulating the commercial marketing and placement of such products but 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. Section 1-6-43 Definitions. Electronic Cigarette and E-Cigarette mean any electronic device composed of a mouthpiece, heating element, battery, and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking. This term shall include everk version and type of such devices whether they are manufactured or marketed as e-cigarettes, e-cigars, e-pipes, or under any other product name or description. Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine and propylene glycol and/or other substance and manufactured for use with e-cigarettes. Vendor means any individual, sole proprietorship, joint venture, corporation, partnership, 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 dealer. Tobacco Products means 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, cigars, pipe tobacco, snuff or smokeless tobacco and chewing tobacco. Tobacco products also include cigarette wrappers. Specialty Tobacco Stores means an establishment primarily in the business of selling cigars and pipe tobacco. Open Display Unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface, which allows direct public access to the product placed therein. Restricted Access Area means an area reasonably physically confined with access designated by the vendor as limited to the vendor. 3 Underlined passages are added Section 1-6-44 Placement of Tobacco Products in Display Unit and Sale of E-Cigarette. A. No vendor shall place tobacco products, e-cigarettes or liquid nicotine in an open display unit unless unit is located in a restricted access area. B. No person, business, retailer, or other establishment shall sell, permit to be sold, or offer for sale to any person under e~hteen (18~years of age any e- ciaarette or liquid nicotine within the County. A violator of this section includes the person who sells,_permits to be sold, or offers for sale any such products to a person under eighteen (18) nears of age as well as his or her employer and any person who controls the person who sells, permits to be sold, or offers for sale any such products to a person under eighteen (18) _years of age. Section 1-6-45 Exceptions. The provision of this Ordinance shall not apply to the following: (1) An establishment that prohibits persons under 18 years of age on the premises. (2) Specialty tobacco stores Section 1-6-46 Enforcement. The provisions of this Ordinance shall be enforced by any procedure permitted by Chapter 162, Florida Statutes, or other applicable Florida Law. Section 1-6-47 Territory Embraced. The provisions of this Ordinance shall apply only to the unincorporated area of the County. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 4 Underlined passages are added PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall be effective within 60 days from being filed with the Office of Secretary of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson AYE Vice Chair Paula Lewis AYE Commissioner Chris Dzadovsky AYE Commissioner Tod Mowery AYE Commissioner Kim Johnson AYE PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word ~~ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this ~_day of Fcbr-z.cnr~.l , 2014. - BOARD OF COUNTY COMMISSIONERS ~ES~: ~f j ~ ~ ST. LUCIE COUNTY, FLORIDA BY: ~tl rC'I ;.L.c~-~ _'L.-C~//G`'~'~L~~i~_X 1t D utti Clerk Chair APPROVED~S TO FORM~VD CORRECTNE Sc ..~ --'t/ ~~ County Atto 5 /% / Underlined passages are added • 't•C,il1 Nr L • o' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 27, 2014 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Stephanie Bush Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 14-008, which was filed in this office on February 27, 2014. Sincerely, Liz Cloud Program Administrator LC/elr R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us