Title 31 · Chapter 31 - LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS

Definitions

Section: 31-112

As used in this section, the following words will have the following definitions:

Hemp shall mean the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis as defined in F.S. § 581.217. Hemp does not include extraction of marijuana psychoactive components, to include tetrahydrocannabinol ("THC") in any form and is strictly prohibited.

Hemp extract products shall mean any products containing hemp, any byproducts of hemp to include CBD derivatives of any kind derived, or any other cannabinoids extracted from hemp or flower that is an ingredient of any foods, sugars, solvents intended for ingestion or inhalation and is allowed to be distributed and sold in Florida if it meets the requirements of the State hemp program pursuant to F.S. § 581.217, as amended.

Retail hemp establishment shall mean establishments that dedicate more than 20 percent of their tenant floor space square footage to the sale, offering, and/or furnishing of prepacked food consisting of or containing hemp, hemp extract products, or cannabidiol ("CBD") products including delta-8 tetrahydrocannabinol to the end consumer. These food establishments must have a hemp food establishment permit from the Department of Agriculture and Consumer Services, Division of Food Safety.

Smoke shop shall mean commercial retail sales or wholesale establishments primarily engaged in selling tobacco and/or tobacco products, where 20 percent or more of the tenant floor space of the business is dedicated to any combination of the following activities, or related activities:

(1)

Retail sale, offering, and/or furnishing of cigarettes, pipes, and/or electronic cigarette devices and/or the retail sale of related paraphernalia including but not limited to pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, vaporizers, hookahs, and devices for holding burning material; or

(2)

Storage, mixing, rolling, display of products including nicotine-enriched solutions or other liquid products that are manufactured for use with vaping or e-cigarettes; or

(3)

A retail hemp establishment as defined in this section.

Smoking lounge shall mean an establishment that is dedicated primarily to the on-premises consumption of hemp and hemp extract products, electronic cigarettes, or other smoked or vaporized substances, and/or the use of hookahs. Smoking lounge includes but is not limited to establishments known, advertised, or represented as smoke lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, smoke shops as defined in this section, and similar terminology. Cigar shops and smoking lounges of a retail cigar shop are not subject to the provisions of this article.

(Ord. No. 14180, § 2, 6-8-23)