Agenda Item Name:
Title
Request to Advertise the Repeal of Tobacco 21 Ordinance and the Sale and Use of E-Cigarettes and Liquid Nicotine Ordinance
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Presenter:
Missy Daniels, 374-5249
Description:
This is a request to advertise the repeal of Ordinance 2019-04, Tobacco Minimum Legal Sales Age 21 Ordinance, and Ordinance 2013-17, Sale and Use of E-Cigarettes and Liquid Nicotine, to be consistent with new State law which preempts to the State the establishment of a minimum age for use of tobacco and nicotine products and the regulation of the sales of tobacco and nicotine products.
Recommended Action:
Recommended Action
Authorize advertisement for public hearing
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Prior Board Motions:
Adopted Ordinance 2013-17, pertaining to the sale and use of e-cigarettes and liquid nicotine; Adopted Ordinance 2019-04, establishing minimum age to purchase tobacco in Alachua County.
Fiscal Consideration:
Fiscal Consideration
There is sufficient budget to pay advertising costs in account 008.65.6510.524.49.00. License fee covered the cost of the program. Repeal of Ordinance coincides with ending contract with ISN Corporation, who served as the contractor for tobacco compliance inspections.
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Background:
In December of 2013, the Board of County Commissioners adopted Ordinance 2013-17, known as the Sale and Use of E-Cigarettes and Liquid Nicotine Ordinance, prohibiting the sale and offer of e-cigarettes and liquid nicotine to minors and imposing certain retail sale prohibitions. In January of 2019, the Board of County Commissioners adopted Ordinance 2019-04, known as the Tobacco Minimum Legal Sales Age 21 Ordinance, regulating the distribution of tobacco products in order to reduce their use by minors, and to provide other public benefits, including reducing potential health risks. By way of these ordinances, the minimum age to purchase tobacco and nicotine products in the County was set at 21. The ordinances were codified in Alachua County Code, Title 6, Chapter 65 and Chapter 67.
On May 7, 2021, the Governor of Florida signed Senate Bill 1080 entitled ‘Tobacco and Nicotine Products’ regulating the sale of tobacco products and nicotine products, as defined therein, and raising the minimum age to purchase and possess tobacco products and nicotine products from age 18 to 21 statewide. This bill preempts to the State the establishment of a minimum age for purchasing and possessing tobacco products and nicotine products. This bill also preempts to the State the regulation of the marketing, sale and delivery of tobacco products and nicotine products. The bill defines nicotine dispending device to includes e-cigarettes and other devices which dispense a nicotine product, which includes liquid nicotine. The repeal of these ordinances is necessary to be consistent with Florida law.