|
•
<br />WHEREAS, the Board of County Commissioners and the citizens of Indian River
<br />County are concerned about the use of tobacco products by persons under the 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 in both the incorporated and unincorporated areas of Indian River County,
<br />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 />Self-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 />SEPTEMBER 289 1999
<br />•
<br />-33-
<br />�. J
<br />
|