§ 20-125. Electronic cigarettes.

(a)

Purpose and intent. It is the intent of this section to promote, protect, and improve the health, safety, and general welfare of the citizens of the City by discouraging the unhealthy practice of using tobacco and related products and to help prevent the addiction to nicotine, especially by young people, through regulation of the sale, merchandising, and use of certain tobacco, nicotine, and related products. It is not the intent of this section to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to F.S. ch. 569, and this section shall not be interpreted or construed to do so.

(b)

Definitions.

Business as defined in Chapter 17 of this Code.

Electronic cigarette and e-cigarette means any product that employs an electronic, chemical, or mechanical means that provides, or is manufactured to provide, a vapor of liquid nicotine or other substances mixed with propylene glycol or other substances delivered or deliverable to the user that he or she can inhale in simulation of smoking, vaping, or other inhalation mechanism. This term shall include every version and type of such devices whether they are manufactured or marketed as e-cigarettes, e-cigars, e-pipes, or under any other product name or description.

Liquid nicotine means any liquid product composed either in whole or in part of pure nicotine and propylene glycol, chemicals, or other substances and manufactured for use with e-cigarettes.

Self-service merchandising means the open display of e-cigarettes, liquid nicotine, or other similar products whether packaged or otherwise, to which the public has access without the intervention of the vendor, store owner, or other employee. Self-service merchandising also includes open display units, which are in a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface which allows direct public access to the product placed therein.

(c)

Prohibition of sale to minors and purchase by minors.

(1)

No person under the age of 18 years shall knowingly purchase or possess an electronic cigarette, liquid nicotine, or other similar product.

(2)

No person, business, or other establishment shall sell, permit to be sold, or offer for sale any e-cigarette, liquid nicotine, or similar product to any person under 18 years of age or to a person who appears to be under the age of 27 years without first examining identification to confirm that the recipient is at least 18 years of age.

(3)

Each person, business, or other establishment dealing in e-cigarettes, liquid nicotine, or similar products shall have located on the interior portion of the building a sign which can be readily seen and read by customers which is at least one foot by two feet containing substantially the following information:

The sale of e-cigarettes, liquid nicotine, or tobacco products to a person under the age of 18 years of age is prohibited.

(d)

Prohibition of self-service merchandising.

(1)

No person, business, or other establishment engaged in the retail sale of e-cigarettes, liquid nicotine, or similar products shall sell, permit to be sold, offer for sale or display for sale e-cigarettes, liquid nicotine, or similar products by means of self-service merchandising.

(2)

No person, business, or other establishment engaged in the retail sale of e-cigarettes, liquid nicotine, or similar products shall place e-cigarettes, liquid nicotine, or similar products in an open display unit unless the same is located in an area that is inaccessible to customers, unless access to the premises by persons under the age of 18 is prohibited by the person, business, or other establishment or prohibited by law.

(e)

Prohibition of use where smoking is prohibited.

(1)

A person may not use, consume, employ, or otherwise operate any e-cigarette, liquid nicotine, or similar products in any enclosed indoor workplace wherein smoking is prohibited pursuant to the Florida Clean Indoor Air Act, as defined in F.S. Ch. 386.203(5), except for tobacco retailers and those places listed in F.S. 386.2045, "Enclosed indoor workplaces; specific exemptions."

(2)

The use of any e-cigarette, liquid nicotine, or similar product is prohibited in all parks, baseball fields, or other athletic facility, as defined in this chapter, which is owned or controlled by the City.

(Ord. No. 259-H, § 1, 2-16-2017)