Ordinance 2001-046PLACEMENT OF TOBACCO PRODUCTS IN OPEN DISPLAY UNITS DIRECTLY
ACCESSIBLE TO MINORS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
ENFORCEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
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 under the age of 18;
and
WHEREAS, the State of Fioridh 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 by persons under the age of 18; and
WHEREAS, the United States Surgeon General and the United States Department of
Human Health Services have found that many of those Americans who'die of tobacco related
diseases became addicted to tobacco products prior to reaching the legal age of co ~ra~e~t; a~l
WHEREAS, the Board of County Comm, ss,oners of Colher County, Flo~aloi~ wit~
the citizens of Collier County are concerned about the use of tobacco products by ~n~nd~
the age of 18; and ~-:": ~
~ --
W~REAS, the Board of County Commissioners of Collier County,~h~ is
unde~aking to reduce the visual and physical availability of tobacco products to minom in an
effo~ to reduce tobacco product use by that age group; and
W~REAS, the Board of County Commissioners of Collier County, Florida finds that
the customary business practice of selling cigars and pipe tobacco (also known as specialty
tobacco stores) allows access to physically touch and smell those products phor to purchase, and
the sale and delivery of cigars and pipe tobacco is exempt from ce~ain provisions of Chapter
569, Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida finds that
pursuant to Chapter 569, Florida Statutes, tobacco products stores are required to post signs
prohibiting the sale of tobacco products to persons under 18 years of age; and
WHEREAS, the Board of County Commissioners of Collier County, Florida finds that
specialty tobacco stores, as defined in this Ordinance, are not typically patronized by persons
under 18 years of age; and
WHEREAS, Chapter 569, Florida Statutes, does not prohibit local government from
regulating the placement and merchandising of tobacco products in other locations; and
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.Ed.2d 362 911962, that
ordinances that regulate the commercial marketing of items that may be used for legal purposes
does not violate the First Amendment; 'and
WHEREAS, the board of County Commissioners desires to regulate the placement of
tobacco products in the best interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1 - Recitals:
The foregoing recitals are true and correct and incorporated herein-by reference.
Section 2 - Intent:
This Ordinance is intended to prevent the sale and delivery of tobacco products to
persons under the age of 18 by regulating the commercial marketing and placement of such
products. This Ordinance 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 3 - Definitions:
For the purpose of this Ordinance, the following definitions shall apply:
a. 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 sai.d dealer.
b. Tobacco Products 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
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not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco, and chewing tobacco.
Tobacco product also includes cigarette wrappers
c. Specialty Tobacco Store means an establishment primarily in the business of
selling cigars, pipe tobacco and other tobacco products.
d. Open Display Unit means a case, rack, shelf, counter, table, desk, kiosk, booth,
stand, or other surface that allows direct public access to the product placed therein.
e. Restricted Access Area means a physically confined area with immediate access
limited to the vendor or the vendor's employee[s].
f. Self-service tobacco merchandising means an open display of tobacco products
that the public has access to without the intervention of the vendor or employee[s] of the vendor.
Section 4 - Placement of Tobacco Products in open Display Unit.
No vendor shall place tobacco products in an open display unit unless such unit is located
in a restricted access area or sell, permit to be sold, offer for sale, or display for sale any tobacco
products by means of self-service merchandising in a non-restricted access area.
Section 5 - Exceptions:
a. An establishment that prohibits persons under 18 years of age on the premises.
b. Specialty tobacco stores.
Section 6 - Enforcement.
The provisions of this Ordinance shall be enforced by any procedure permitted by
Chapter 162, Florida Statutes or other applicable Florida Law.
Section 7 - Applicability.
The provisions of this Ordinance shall apply to ali areas of Collier County including
those areas within the incorporated municipalities of the County.
Section 8 - Severability.
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of the ordinance.
Section 8 - Effective Date.
This Ordinance shall take effect upon its being filed with the Department of. State of Florida.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this -~/ day of~g,~~, 2001.
ATTEST: 'i:
DWIGHT:E. BRocK, Clerk
APPROVEI~ AS TO FORM AND
LEGAL SLd~ FICIENCY
~sistant County Attorney ,
BOARD OF COUNTY COMMISSIONERS
JAMES i~. CARTER, Ph.D, Chairman
This ordinance filed with the
Secretary of ~tate'$ Office the
and acknowledgeme~t~t~f that
fili~lg received ~ts 2112J~ day
~tt~st as to Chltnbtn's
signature c~15.
H/Jackie/Ordinance/Tobacco
4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-46
Which was adopted by the Board of County Co~missioners on
the 31st day of July, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this let day
of August, 2001.
DW ST E. BROCK
Clerk of Courts
Ex-officio to Board
County Commissi6ners
: Maureen
By Kenyon,
Deputy Clerk