Chapter 463 - CHILDREN'S ACCESS TO TOBACCO PRODUCTS

Sec. 462.1803. - Fee Schedule. Chapter 470 - INDIVIDUAL SEWAGE DISPOSAL SYSTEMS Chapter 463 - CHILDREN'S ACCESS TO TOBACCO PRODUCTS[1]

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State Law reference— Tobacco products and children, F.S. § 569.006 et seq.

PART 1. - GENERAL PROVISIONS

Sec. 463.101. - Definitions.

When used in this Chapter the following words shall have the meanings herein indicated:

(1)

Cigarette means any roll for smoking, without regard to the kind of tobacco or other substances used in the inner roll or the nature or composition of the material in which the roll is wrapped, which is made wholly or in part of tobacco irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any other ingredient, and specifically includes cigars.

(2)

Tobacco products means loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco, fine cuts and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing; tobacco products includes cigarettes and cigars.

(3)

Child means a person who has not yet reached 18 years of age.

(4)

Director means the Director of the Department.

(5)

Department means the Neighborhoods Department.

(6)

Vending machine means a machine, contrivance or device which is set in motion or made or permitted to function by insertion of a coin, slug, token or paper currency and dispenses merchandise without the necessity of replenishing the device between each operation.

(Ord. 90-772-574, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

PART 2. - PROHIBITIONS AND REQUIREMENTS

Sec. 463.201. - Sale of tobacco products and cigarette wrappers to children.

No person shall sell, deliver, barter, furnish, or give away, directly or indirectly, to any child, any cigar, cigarette, cigarette wrapper, or other tobacco product; provided that, the owner or operator of premises where a tobacco product vending machine is located shall be responsible for any sale or delivery to a minor.

(Ord. 90-772-574, § 1)

Sec. 463.202. - Purchase by children.

It shall be unlawful for a child to purchase tobacco products, or to misrepresent his identity or age or to use any false or altered identification for the purpose of purchasing tobacco products.

(Ord. 90-772-574, § 1)

Sec. 463.203. - Possession by children.

It shall be unlawful for a child to possess any tobacco products, provided that any child working in a retail establishment may possess tobacco products for the purpose of selling those products to persons over 18 years of age.

(Ord. 90-772-574, § 1)

Sec. 463.204. - Signs.

Each person or entity selling tobacco products shall post a conspicuous sign near the cash register or check out area or vending machine (whichever is appropriate) which states that it is illegal to sell tobacco products to children and illegal for children to possess tobacco products. To the extent that State statutes require similar signs, compliance with State statutes shall be in compliance with this Section. Failure to post a sign as indicated shall be punished by a civil penalty of $25 for each day after notice of a violation of this provision is furnished to the person or entity.

(Ord. 90-772-574, § 1)

Sec. 463.205. - Tobacco product vending machines.

(a)

Except as provided in subsection (b) of this Section, tobacco product vending machines may be installed or used in:

(1)

Any premises or portion thereof to which access by minors is expressly prohibited by law or by policy of the owner of the premises, if, and only if, the tobacco vending machine is located fully within such premises from which minors are prohibited; or

(2)

Commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be signed as not open to the public and no minor employees are usually admitted; or

(3)

Any other commercial premises if the machine is located so that at all times an employee has an unobstructed view of the entire face or front of the vending machine; provided, however, that the machine cannot be in a different room from the employee if the rooms are separated by a door.

(b)

Tobacco products vending machines shall be absolutely prohibited for one year in or on any premises where the owner or operator of such premises has been convicted three or more times for violating Section 463.201 in any two-year period.

(c)

It is unlawful and a violation for the owner or operator of a premises to place or allow to be placed a tobacco product vending machine except in conformity with this Section.

(Ord. 90-772-574, § 1)

PART 3. - ENFORCEMENT

Sec. 463.301. - Undercover operations.

Prior to commencing any type of undercover operations any agency charged with the duty of enforcement of this Chapter must first have reasonable suspicion that a violation of this Chapter has occurred. If such reasonable suspicion exists, a child may be used in enforcement of this Chapter to the extent that the child may purchase or otherwise obtain tobacco products. No child assisting in the enforcement of this Chapter shall be subject to prosecution under this Chapter for any act taken while providing such assistance.

(Ord. 90-772-574, § 1)

Sec. 463.302. - Evidence.

In all prosecutions and administrative actions for violations of this Chapter, proof that a particular item was contained in an unopened container labeled as cigarette, tobacco, snuff, cavendish or other similar name and which bears the manufacturer's name, insignia or trademark or which has a state tobacco or cigarette stamp shall be prima facie evidence that such item is a tobacco product.

(Ord. 90-772-574, § 1)

Sec. 463.303. - Experts.

Any person who by experience in the past in the handling or use of tobacco products has knowledge whether an item is a tobacco product may testify in any judicial or administrative proceedings as to his opinion whether an item is a tobacco product and a verdict based on such testimony shall be valid.

(Ord. 90-772-574, § 1)

PART 4. - PENALTIES

Sec. 463.401. - Prohibitions and penalties.

(a)

Any person, other than a child, who violates a provision of this Chapter shall be guilty of any offense against the City and shall be guilty of a violation punishable by a fine in an amount from $100 to $500 and community service of at least eight hours and no more than 100 hours.

(b)

Any child who violates a provision of this Chapter shall be guilty of a noncriminal violation and shall be punished by a requirement that the child attend and successfully complete a tobacco education program created or approved by the Director and shall be punished with a fine in an amount from zero dollars to $250.

(c)

All sentences imposed pursuant to this Chapter shall be imposed consecutively.

(d)

Each sale or delivery of a tobacco product to a child shall constitute a separate violation.

(e)

As it relates to this Chapter, any act of any employee shall be imputed to the employer and be deemed an act of the employer if done within the scope of the employee's authority under the employer; provided, however, that no person who is certified by the State to be a Responsible Vendor under F.S. § 561.705 shall be responsible for sale or delivery by an employee unless the sale or delivery was made with the knowledge of the employer. For the purpose of this Chapter employee means a servant, agent or employee, paid or unpaid, of another person, and employer means the master, principal or employer of another person, paid or unpaid.

(f)

All convictions for violation of Section 463.201 shall be reported to the State Division of Alcoholic Beverages and Tobacco.

(g)

The fine for any person convicted of a second or subsequent offense shall be at least $25 and no less than twice that imposed for the most recent prior offense up to the maximum allowed.

(Ord. 90-772-574, § 1)

Sec. 463.402. - Deposit of fines.

All fines collected pursuant to this Chapter shall be appropriated to the Department for use in the Tobacco Education Program created pursuant to Part 5.

(Ord. 90-772-574, § 1)

PART 5. - EDUCATION

Sec. 463.501. - Tobacco education program.

The Director shall present a tobacco education program to minors who violate this Chapter. The Director shall also offer this program to any other persons or groups the Director deems appropriate.

(Ord. 90-772-574, § 1)

Sec. 462.1803. - Fee Schedule. Chapter 470 - INDIVIDUAL SEWAGE DISPOSAL SYSTEMS