§ 58-106. Merchandising of tobacco products.

(a)

Title. This article shall be known and may be cited as the "Merchandising of Tobacco Products Ordinance."

(b)

Definitions. For the purpose of this article, the following terms shall mean:

Business means any sole proprietorship, joint venture, partnership, corporation, or limited liability company of other business formed for profit making or non-profit purpose in both the incorporated and unincorporated areas of the county including all retail establishments where goods and services are sold.

Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.

Self service merchandising means the open display of tobacco products to which the public has access without the intervention of the vendors, store owners, or other store employees.

Tobacco products means loose tobacco suitable for smoking, snuff, snuff flour, plug and twist tobacco, fine cuts and other chewing tobaccos, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing, inhaling, smoking or ingesting in any matter and including, but not limited to cigarettes and cigars.

Tobacco retailer means any person or business that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.

Vendor assisted means the customer has no access to tobacco products without the assistance of the vendor, store owner, or other store employees.

(c)

Merchandising prohibited. No person, business, tobacco retailer, or other establishment subject to this article shall sell, permit to be sold, offer for sale, or display for sale any tobacco products by means of self-service merchandising. Only vendor assisted sales are allowed, unless access to the premises by persons under the age of 18 is prohibited by the person, business, tobacco retailer, or other establishment or prohibited by law.

(d)

Inclusion of unincorporated areas. This article shall be applicable and enforceable throughout the unincorporated areas of the county.

(e)

Penalties.

(1)

Any person or business who violates this article, shall upon conviction, be guilty of an violation of a second degree misdemeanor, punishable as provided by law.

(2)

The penalty for a second conviction of this article shall be at least double the penalty for the first conviction, except that any penalty shall not exceed the maximum penalty set by law for a misdemeanor of the second degree.

(3)

All convictions for violation of this article shall be reported to the State of Florida, Division of Tobacco and Alcoholic Beverages.

(Ord. No. 01-06, §§ 1—4, 6, 10-2-2001)