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Last modified
4/8/2021 4:10:46 PM
Creation date
4/8/2021 3:36:30 PM
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Ordinances
Ordinance Number
2021-008
Adopted Date
04/06/2021
Agenda Item Number
10.A.1.
Ordinance Type
Tobacco Age Restrictions
State Filed Date
04\08\2021
Entity Name
Tobacco 21
Subject
Increasing the age to 21 to purchase tobacco products, including regulations of
the merchandising and use of e-cigarettes consistent with federal and state law
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ORDINANCE NO. 2021- 008 <br />313.05.- Aae Verification. <br />Before distributing or sellinq any tobacco product, or products regulated by this article <br />the retailer shall verify that the recipient is at least twenty-one (21) years of age. <br />Retailers must verify the legal sales age by examining the recipient'sgovernment- <br />issued identification. Verification is not required for a person over the age of thirty (30). <br />A recipient appearing to be thirty (30) years of age or older shall not constitute a <br />defense to a violation of this section. <br />313.06.- Signage. <br />(a) Any retailer that sells tobacco products or electronic cigarettes shall post a clear and <br />conspicuous sign in each place or business where such products are sold which <br />substantially states the following_ <br />THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO <br />PERSONS UNDER THE AGE OF 21 IS AGAINST THE INDIAN RIVER COUNTY <br />CODE. PROOF OF AGE IS REQUIRED FOR PURCHASE. <br />(b) Any retailer that sells tobacco products or electronic cigarettes shall provide at the <br />checkout counter in a location clearly visible to the retailer or the retailer's agent or <br />employee instructional material in a calendar format to assist in determining whether a <br />person is of legal age to purchase tobacco products or electronic cigarettes. This point <br />of sale material must contain substantially the following language: <br />IF YOU WERE NOT BORN BEFORE THIS DATE <br />(insert date and applicable year) <br />YOU CANNOT BUY TOBACCO PRODUCTS OR <br />ELECTRONIC CIGARETTES OR LIQUID NICOTINE PRODUCTS. <br />In lieu of a calendar a retailer may use card readers, scanners, or other electronic or <br />automated systems that can verify whether a person is of legal age to purchase tobacco <br />products or electronic cigarettes. <br />ARTICLE II.- ELECTRONIC CIGARETTES <br />313.07.- Use of e -cigarettes prohibited where smoking is prohibited. <br />(a) A person may not use, employ, or otherwise operate any nicotine dispensing device <br />or e -cigarette in any enclosed indoor workplace located within the county wherein <br />smoking is prohibited pursuant to the Florida Clean Indoor Air Act, F.S. § 386.201, -et <br />seq. The exceptions provided in said Act that permit smoking in certain places shall also <br />apply to permit the use of nicotine dispensing devices and e -cigarettes in the same <br />places designated in the Act. In addition, the use of nicotine dispensing devices and e - <br />cigarettes may be permitted in a retail e -cigarette shop. <br />
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