The URL can be used to link to this page

Home My WebLink About01-009JORNNE HOLHAN, O[ERK OF THE O!ROUIT OOURT - SAINT LUOIE OOUNTY Film Numbar: 1~879~ OR BOO[ 1407 RAGE 2120 Rmoordad:06/28/O1 1!:44 ORDINANCE NO. 01-09 AN ORDINANCE CREATING ARTICLE IV OF CHAPTER 1-6 (CHILDREN) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, TO BE ENTITLED "MERCHANDISING OF TOBACCO PRODUCTS"; CREATING 5ECl-iON 1-6-41 (SHORT TITLE); CREATING SECTION 1-6-48 (INTENT); CREATING SECTION 1-6-43 (DEFINITIONS); CREATING SECTION 1-6-44 (PLACEMENT OF TOBACCO PRODUCTS); CREATING SECTION 1-6-45 (EXCEPTIONS); CREATING SECTION 1-6-46 (ENFORCEMENT); CREATING SECTION 1-6-47 (TERRITORY EMBRACED); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFEGq'IVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. As set forth in Chapter 569, Florida Statutes, the Florida Legislature has provided for increased regulation of the retail sale of tobacco products. 2. Chapter 569, Florida Statutes, provides 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. 3. The State of Florida has entered into a settlement agreement with the tobacco industry to reimburse the State for a portion of the health care costs incurred by the 5tare due to tobacco use. 4. The settlement between the 5tare 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. ............ ~,, passages are deleted. Underlined passages are added. OR BOOK !407 PAGE 2i2! 5. The United States Surgeon General and the United States Deportment of Health and Human Services have found that a majority of those Americans who die of tobacco related diseases became addicted to tobacco products before reaching the age of consent. 6. This Board, along with the citizens of St. Lucia County, is concerned about the use of tobacco products by persons under the age of 18. 7. This Board 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 use by that age group. 8. This Board finds that the customary business practice of selling cigars and pipe tobacco (also known as specialty tobacco stores) allows consumers access to physically touch and smell products prior to purchase. 9. The sale and delivery of cigars and pipe tobacco is exempt from certain provisions of Chapter 569, Florida Statutes. 10. This Board further finds that pursuant to Chapter 569, Florida Statutes, specialty tobacco stores are required to post signs prohibiting the sale of tobacco products to persons under age 18 years of age. 11. This Board further finds that specialty tobacco stores are not typically patronized by persons under the age of 18 years of age. 12. Chapter 569, Florida Statutes, does not prohibit local government from regulating the placement and merchandising of tobacco products. 13. The United States Supreme Court has held in Village of Hoffman Estates v. Flipside, Hoffman Estates, inc., 455 U.5. 489, 102 5.Ct. ti86, 71 LEd 2"d, 362 9tt982, that ordinances that regulate the commercial marketing of items that may not be used for illegal purposes does not violate the First Amendment. 14. This Board has determined that regulation of the placement of tobacco products is in the best interests of the public health, safety and welfare of the citizens of St. Lucia County. ............ v,, passages are deleted. Underlined passages are added. OR BOOK i407 PA6E 2122 NOW, THEREFORE, BE ]:T ORDAINED by the Board of County Commissioners of ,St. Lucia County, Florida: PART A. CREA3-~ON OF ARTICLE IV (MERCHANDISING OF TOBACCO PRODUCTS) OF THE CODE OF ORDINANCE5 AND COMPILED LAW5 OF ST; LUCIE COUNTY Chapter 1-6 (Children), Article IV (Merchandising of Tobacco Products), of the St. Lucia County Code of Ordinances and Compiled Laws is hereby created to read as follows: CHAPTER CHILDREN ARTICLE IV. MERCHANDISING OF TOBACCO PRODUCT~ .Section !-6-41 .Short title From and after the effective date hereof, this article shall be known as the "St. Lucia County Merchandising of Tobacco Products Ordinance". Section 1-6-4~. Intent. This Article is intended to prevent the sale and delivery of tobacco products to persons under the age of :[8 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. 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 Productmeans 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. 5truck through passages are deleted. Underlined passages ore added. OR BOOK 1407 PA6E 2123 Speciolty Tobacco Store means an establishment primarily in the business of selling cigars and pipe tobacco. Open Disp/ay 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. RestrictedA¢¢ess/trea means ~n ~ee~ reasonably physically confined with ~ccess designated by the vendor ~s limited to the vendor. Section 1-6-~. Placement of Tobacco Products in Open Display Unit. No vendor sh~ll pl~ce tobacco products in ~n open display unit unless such unit located in a restricted access area. Section ~-6-4~. Exceptions. The provisions of this Ordinance shall not apply ~o ~h~ following: An ~s~eblishm~nt feet prohibits p~rsons under ~8 y~ars of eg~ on ~h~ (2) Specialty tobacco stores. Section ~-6-46 Enforcement. The provisions of this Ordinance sh~ll be enforced by any procedure p~rmitted by Chapter ~62, Florida Statutes, or other epplicebl~ Florida Law. Section ~-6-47 Territo~ Embraced. The provisions of this Ordinance shall apply only to th~ unincorporated er~a of County. PART B. CONF~N& PROVZSZONS. Special acts of the Florida I~gisle~ure applicable only ~o unincorporated er~es of Lucia County, and adopted prior to ~enuery ~, ~969, S~. Luci~ County ordinances end S~. Luci~ County resolutions, or parts thereof, in conflic~ with ~his ordinance er~ hereby superseded by this ordinanc~ to the extent of such conflict. ~tr~:~ t~ugh passages are d~leted. Underlined passages ere added. 4 O~ BO0~ t407 PAGE 2i24 PART C. SEVERABILZTY AND APPL.T. CABIL.T.'I'Y. 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. PART b. 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. EFFE6q'ZVE DATE. This ordinance shall be effective within 60 days from being filed with the Office of .Secretary of State. PART F. ADOP~-J:ON. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Cliff Barnes Commissioner John b. Bruhn AYE AYE AYE AYE AYE PART G. CODTFICATZON. ............. ~,, passages are deleted. Underlined passages are added. § OR BOGK 1407 PAGE 2125 Provisions of this ordinance shall be incorporated in the Code of Ordinances of Lucia County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettere( to accomplish such intention; provided, however, that Parts 8 through G shall not be PASSED AND DULY ADOPTED this 19th day of June, 2001. ATTEST: BOARD OF COUNTY CON ,ST. LUCZE COUNTY, FLOI BY APPROVED At TO FORM AND CORRECTNE&~: :- COUNTY A'~ ........... ugh passages are deleted. Underlined passages are added. 6