§ 13-1. Regulations on the placement and merchandising of tobacco products.

(a)

Intent. This section is intended to prevent the sale to and possession of tobacco products by persons under the age of eighteen (18) by regulating the placement of such products. This section shall not be construed to prohibit the sale or delivery or tobacco products which are otherwise lawful or regulated pursuant to F.S. ch. 569.

(b)

Definitions. For the purpose of this section the following terms shall mean:

Business means any sole proprietorship, joint venture, corporation or other business formed for profit making or nonprofit purposes, 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 or display means the open display or placement of tobacco products to which the public has access without the intervention of the vendor, store owner, or other store employee.

Tobacco product includes loose tobacco leaves, and products made from tobacco products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffing or chewing and cigarette wrappers.

Tobacco retailer means any person or business that operates or manages 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.

Specialty tobacco store means an establishment primarily in the business of selling cigars, pipe tobacco and other tobacco products.

(d)

Self-service merchandising prohibited. No person, business, tobacco retailer, or other establishment subject to this section shall sell, permit to be sold, offer for sale or display for sale any tobacco products by means of self-service merchandising or any other means other than vendor assisted sales.

(e)

Exemption. The provisions of this section shall not apply to an establishment that prohibits persons under the age of eighteen (18) on the premises, and specialty tobacco stores.

(f)

Enforcement of violations.

(1)

An Osceola County Code Enforcement officer or any law enforcement officer may issue a citation for a violation of this section.

(2)

The citation shall be in a form which has been approved by the board of county commissioners.

(3)

This section may be enforced pursuant to the supplemental procedures contained in Chapter 7 of this Code.

(4)

The civil penalty for a violation of this ordinance shall be one hundred fifty dollars ($150.00) per violation.

(5)

Any tobacco retailer who is issued a citation for violation of this section shall either pay, by mail or in person, the civil penalty as directed by the county on the citation.

(6)

If the tobacco retailer elects to pay the citation, they shall be deemed to have admitted the infraction and to have waived their right to a hearing on the issue of commission of the infraction.

(7)

The tobacco retailer who elects to contest the citation shall set a hearing as set forth on the citation, and if found in violation of this section at the hearing, may be liable for a civil penalty of up to five hundred dollars ($500.00) for each violation charged, plus costs. Payment of the full amount prescribed in the citation may be made at any time prior to the hearing. Such payment shall constitute an admission of the violation and a waiver of the right to a hearing. Upon the payment of the citation pursuant to this provision, any previously scheduled hearing shall be canceled.

(8)

Any tobacco retailer who schedules a hearing to contest a citation, and thereafter fails to appear, shall be deemed to have admitted the violation and shall waive any further rights to a hearing. Upon such failure to appear, the contesting individual may be liable for a civil penalty of up to five hundred dollars ($500.00) for each violation charged, plus costs.

(9)

Any tobacco retailer who is assessed a civil penalty following a hearing shall have thirty (30) days in which to pay said penalty. Any penalty not paid within thirty (30) days shall result in the entry of a civil judgment against the violating tobacco retailer in the amount of the fine plus interest.

(10)

If a tobacco retailer receives a citation and fails to pay the penalty, and fails to appear at the hearing to contest the citation an order to show cause may be issued. This order shall require such tobacco retailer to appear to explain why action on the citation has not been taken. If any tobacco retailer who is issued such an order fails to appear in response to the court's directive, such person may be held in contempt of court.

(11)

In addition to all other enforcement procedures, including injunctive or other equitable relief this article may be enforced by the Osceola County Code Enforcement Board or pursuant to supplemental procedures contained in Chapter 7 of this Code.

(g)

Applicability. This section shall apply to, and be effective within the unincorporated areas of Osceola County and within incorporated Osceola County, to the extent that the ordinance from which this section derives does not conflict with any municipal ordinance covering the subject matter, activity or conduct regulated herein.

(h)

Compliance date. All tobacco retailers shall be in compliance with this section within six (6) months of the effective date of the section.

(Ord. No. 05-25, §§ 2—8, 8-15-05)