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WHEREAS, the U.S. 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 (1981), that ordinances that regulate the commercial marketing of items that may be used for illegal purposes do not violate the First Amendment; and WHEREAS, the Board of County Commissioners desires to regulate the placement of tobacco products as it is in the best interests of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:: SECTION 1, TITLE This ordinance shall be known and may be cited as the "Merchandising of Tobacco Products Ordinance." SECTION 2, DEFINITIONS For the purpose of this ordinance, the following terms shall mean: Business means any sole proprietorship, joint venture, partnership, corporation, or limited liability company or other business formed for profit making or non-profit purposes in both the incorporated and unincorporated areas of Indian River County, including retail establishments where goods or 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 owner, or other store employee. Tobacco products include loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. 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 employee.