§ 26-2. Merchandising of tobacco products.

(a)

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

(b)

Definitions. For the purpose of this section, the following definitions shall apply:

Open display unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface that allows direct public access to the product placed therein.

Restricted access area means a physically confined area with immediate access limited to the vendor or the vendor's employee(s).

Self-service tobacco merchandising means an open display of tobacco products that the public has access to without the intervention of the vendor or employee(s) of the vendor.

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

Tobacco products include loose tobacco leaves, and products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffing or chewing, including but not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco, and chewing tobacco. Tobacco product also includes cigarette wrappers.

Vendor means any individual, sole proprietorship, joint venture, corporation, partnership, cooperative association, or other legal entity licensed as a dealer in tobacco products pursuant to F.S. ch. 569, and any employee or agent of said dealer.

(c)

Placement of tobacco products in open display unit. No vendor shall place tobacco products in an open display unit unless such unit is located in a restricted access area or sell, permit to be sold, offer for sale, or display for sale any tobacco products by means of self-service merchandising in a non-restricted access area.

(d)

Exceptions.

(1)

An establishment that prohibits persons under 18 years of age on the premises.

(2)

Specialty tobacco stores.

(e)

Enforcement. The provisions of this section shall be enforced by any procedure permitted by F.S. ch. 162, or other applicable Florida law.

(f)

Applicability. The provisions of this section shall apply to all areas of Collier County including those areas within the incorporated municipalities of the county.

(Ord. No. 01-46, §§ 2—7, 7-31-01)