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WHEREAS, survey results conducted in October and December of 1998 showed
<br />that 90% of tobacco retailers have tobacco products located on, in front of, and beside
<br />the counter, and 25% of tobacco retailers have tobacco product displays and open
<br />containers located directly next to entranceways; and .
<br />WHEREAS, the Board of County Commissioners and the citizens of Indian River
<br />County are concerned about the use of tobacco protiums by persons under die age of
<br />18; and _
<br />WHEREAS, the Board of County Commissioners believes that a reduction in the
<br />availability, both visually and physically, of tobacco products to persons under the age
<br />of 18 will likely lead to a reduction in tobacco product use by that age group; and
<br />WHEREAS, Chapter 569, Florida Statutes, does not prohibit local governments
<br />from regulating the placement and merchandising of tobacco products; and
<br />WHEREAS, the U.S. Supreme Court has held in Village of Hoffman Estates v.
<br />Flipside, Hoffman Estates, Inc., 455 U.S. 489, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1981),
<br />that ordinances that regulate the commercial marketing of items that may be used for
<br />illegal purposes do not violate the First Amendment; and
<br />WHEREAS, the Board of County Commissioners desires to regulate the
<br />placement of tobacco products as it is in the best interests of the public health, safety,
<br />and welfare;
<br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that::
<br />SECTION 1. TITLE
<br />This ordinance shall be known and may be cited as the "Merchandising of
<br />Tobacco Products Ordinance."
<br />SECTION 2. DEFINITIONS
<br />For the purpose of this ordinance, the following terms shall mean:
<br />Business means any sole proprietorship, joint venture, partnership, corporation,
<br />or limited liability company or other business formed for profit making or non-profit
<br />purposes, including retail establishments where goods or services are sold.
<br />Person means any individual, partnership, cooperative association, private
<br />corporation, personal representative, receiver, trustee, assignee, or other legal entity.
<br />Seff-service merchandising means the open display of tobacco products to
<br />which the public has access without the intervention of the vendors, store owner, or
<br />other store employee.
<br />Tobacco products include loose tobacco leaves, and products made from
<br />tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for
<br />smoking, sniffing, or chewing.
<br />Tobacco retailer means any person or business that operates a store, stand,
<br />booth, concession, or other place at which sales of tobacco products are made to
<br />purchasers for consumption or use.
<br />Vendor assisted means the customer has no access to tobacco products
<br />without the assistance of the vendor, store owner, or other store employee.
<br />SECTION 3. MERCHANDISING PROHIBITED
<br />No person, business, tobacco retailer, or other establishment subject to this
<br />ordinance shall sell, permit to be sold, offer for sale, or display for sale any tobacco
<br />products by means of self-service merchandising. Only vendor assisted sales are
<br />allowed, unless access to the premises by persons under the age of 18 is prohibited by
<br />the person, business, tobacco retailer, or other establishment or prohibited by law.
<br />JULY 209 1999
<br />-53- BOOK�,J PAGEG"S
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