Ordinance 2018-4218 ORDINANCE NO. 2018-4218
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY
AMENDING SECTION 70-2, ENTITLED "SALE OF NICOTINE VAPORIZERS
(E-CIGARETTES) AND LIQUID NICOTINE TO MINORS AND POSSESSION
BY MINORS PROHIBITED; PENALTIES" BY AMENDING THE DEFINITIONS
THEREIN; THE PROHIBITIONS REGARDING THE PHYSICAL
ACCESSIBILITY OF NICOTINE VAPORIZERS AND LIQUID NICOTINE;
PROVIDING SIGNAGE REQUIREMENTS FOR RETAILERS; INCLUDING
PROHIBITIONS AND REQUIREMENTS REGARDING MAIL ORDERS,
INTERNET, AND REMOTE SALES OF NICOTINE VAPORIZERS OR LIQUID
NICOTINE; AMENDING THE PENALTIES FOR VIOLATIONS OF SECTION 70-
2; AND PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, according to recent empirical studies and widespread news reports, the use of
youth-oriented, flavored electronic cigarettes (e-cigarettes) has skyrocketed to alarming popularity
with teens in middle and high schools across the nation; and
WHEREAS, new versions of nicotine dispensing e-cigarettes, such as those manufactured by
Juul Labs, Inc. (JUUL), have further flamed the nationwide vaping craze among America's youth.
Specifically, JUUL e-cigarettes come in youth-popular flavors, look like a flash drive, are easily
concealed, and are rechargeable on USB ports; and
WHEREAS, these and similar devises allow users to inhale vaporized liquid nicotine created
by a heating mechanism or electronic ignition system; and the vapors are expelled by a cartridge or
pod that usually contains a concentration of pure nicotine; and
WHEREAS, due to their ease of use, the variety of sweet and fruit-flavored vapors offered,
their sleek and discrete appearance, and the mass marketing of its products, JUUL e-cigarettes and
other similar devices have become immensely popular with teenage children, thereby putting the next
generation of Americans at risk of nicotine addiction and threating to undermine the decades of
progress made in our country to reduce youth tobacco use; and
WHEREAS, a 2016 Report of the U.S. Surgeon General, entitled "E-cigarette Use Among
Youth and Young Adults," concluded that the use of nicotine in any form by youth is unsafe, and that
nicotine exposure during adolescence can cause addiction and can harm the developing adolescent
brain. The Report noted, "[el-cigarette use among U.S. youth and young adults is now a major public
health concern. E-cigarette use has increased considerably in recent years, growing an astounding
900% among high school students from 2011 to 2015."; and
WHEREAS, according to information contained on the JUUL website, the nicotine content in
each 5% JUULpod, which contains approximately 0.7 mL with 5% nicotine by weight and which is
intended to provide approximately 200 puffs, has the approximate nicotine yield as a pack of
cigarettes; and
WHEREAS, as reported on the website for the CDC, in the United States, nearly 90% of adult
smokers began smoking before the age of 18 and the younger an individual is when he or she
experiments with smoking, the more likely he or she is to become a regular or daily smoker; and
WHEREAS, the City Commission finds that it is in the best interest of the City of Miami Beach
and necessary to protect the health, safety, and welfare of the residents and visitors of the City to
prohibit the sale of Nicotine Vaporizers and Liquid Nicotine to minors, to prohibit the possession of
these items by minors, to regulate the retailers who are in possession of Nicotine Vaporizers or Liquid
Nicotine for the purposes of selling the products to consumers, individuals, or the general public, and
to amend and strengthen the penalties for violations of these regulations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 70, Section 70-2, entitled, "Sale of Nicotine Vaporizers (E-Cigarettes) and
Liquid Nicotine to Minors and Posession [sic] by Minors Prohibited; Penalties, of the Code of the City
of Miami Beach is hereby amended as follows:
Chapter 70
MISCELLANEOUS OFFENSES
Article I. In General
Sec. 70-2. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors—and
Prohibited Signage Requirements for Retailers; Possession by Minors Prohibited; Penalties.
(a) Definitions.
Delivery sale means any sale of Nicotine Vaporizers or Liquid Nicotine to a consumer within the
City for which the consumer submits the order for the sale by telephonic or other voice
transmission, by mail, by delivery service, or by the Internet or other online service; or the Nicotine
Vaporizers or Liquid Nicotine are delivered by use of mail or a delivery service.
Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine
which can be used with Nicotine Vaporizers.
Minor means a person under the age of eighteen (18).
Nicotine Vaporizer means any electronic or battery-operated nicotine dispensing device that can
be used to deliver an inhaled dose of nicotine or other substance, and any device that can be
used to deliver nicotine by inhaling vaporized nicotine from the device, including but not limited to
those devices composed of a mouthpiece, heating element, or mechanism and battery or
electronic circuits that provide a vapor of Liquid Nicotine or other substances to the user. This
term shall include, but is not limited to, such devices as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, e-
cigarillo, an e-pipe, and an e-hookah, and any device that is rechargeable by a USB port or other
method whether they are manufactured, distributed, marketed, or sold under any other product
name, and includes any replacement nicotine cartridge, r placeable nicotine pod liquid nicotine
vial, or other container used to refill or replace nicotine for the device or product.
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Retailer means any person, business, or establishment who is in possession of Nicotine
Vaporizers or Liquid Nicotine for the purposes of selling the Nicotine Vaporizers or Liquid Nicotine
to consumers, individuals, or the general public.
(b) Prohibitions:
(1) It shall be unlawful to sell, give, furnish, barter, or make available directly or indirectly a
Nicotine Vaporizer or Liquid Nicotine to a minor. The buyer or recipient's identification
shall be examined to confirm that the buyer or recipient is at least 18 years of age.
(2) In order to minimize the physical accessibility to minors, no person shall sell or offer for
sale Nicotine Vaporizers or Liquid Nicotine by means of self-service merchandising or any
other means other than vendor-assisted sales, unless access to the premises by persons
under the age of eighteen (18) is prohibited by the person, business, tobacco retailer, or
other establishment, or prohibited by law.
(3) A retailer or any other establishment that sells Nicotine Vaporizers or Liquid Nicotine may
not place such products or devices in an open display unit unless the unit is located in an
area to which access is prohibited by persons under the age of eighteen (18).
j4� It shall be unlawful for a person under the age of 18 to possess Nicotine Vaporizers or
Liquid Nicotine.
(c) Penalties. Signage requirements for Retailers.
Any retailer or any other establishment that sells Nicotine Vaporizers or Liquid Nicotine shall
post a clear and conspicuous sign where such products are sold which substantially states the
following:
THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES
TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF
AGE IS REQUIRED FOR PURCHASE.
Failure to post this sign shall be deemed a violation of this section.
(d� Prohibitions and requirements regarding mail order, internet, and remote sales of Nicotine
Vaporizer and Liquid Nicotine.
A person, business, tobacco retailer, or other establishment may not make a delivery sale of
Nicotine Vaporizer and Liquid Nicotine to a minor. Each person accepting an order for a
delivery sale must comply with the age-verification requirements set forth as follows: A person
may not mail, ship, or otherwise deliver Nicotine Vaporizer and Liquid Nicotine in connection
with an order for a delivery sale unless, before the delivery to the consumer, the person
accepting the order for the delivery sale, obtains from the individual submitting the order a
certification that includes:
i. reliable confirmation that the individual is over the age of eighteen (18); and
ii. makes a good faith effort to verify the information contained in the certification provided by
the individual against a commercially available database that may be reasonably relied
upon for accurate age information; and
iii. obtains a photocopy or other image of a valid government-issued identification card stating
the date of birth or age of the individual.
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(c)fJPenalties.
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(1) A violation of subsections (b)(1). (bl(2) or (d) by an individual eighteen (181 years of age or
older or a violation of subd (sections (b)(3) anc) shall bepunished as provided in Section
1-14 of the Code of the City of Miami Beach.
(2) Enhanced penalty. The following enhanced penalty shall be imposed, in addition to any
mandatory penalty set forth in subsection (e)(1) above, for violations of subsections (b)(1)-
(3), (c), and (d):
a For a first violation, the city manager or his or her designee may temporarily
suspend the business tax receipt of the violator, for a period not to exceed six
months.
b. For a second or subsequent violation within a 12-month period, the city manager or
his or her designee may revoke the business tax receipt of the violator.
(2)121 A violation of subsection (b)(1). (b)(2). (61(41 or (d) by a minor 74-24494(-24+4 shall be
punished as a non-criminal violation as follows:
a. For a first violation, 4S 29 1S hours of community service or, instead of community
service, a $25$398 625 fine. In addition, the person must attend a school-approved
anti-tobacco program, if locally available;
b. For a second violation within 12 weeks of the first violation, a$26$299 625 fine; OF
c. For a third or subsequent violation within 12 weeks of the first violation, far-those
i c—ee^e-s a drivor's 0-Rthe court must direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of or
suspend or revoke the person's driver's license or driving privilege, as provided in
Section 322.056, Fla. Stat.
d. Any second or subsequent violation not within the 12-week time period after the first
violation --° -. -- -_.-.,_ . - - -- :_ - -_-
not-poececc-a-drive+ iii is punishable as provided for a first
violation.
e. Any person under 18 years of age cited for committing a noncriminal violation under
this subsection (3)4e) must sign and accept a civil citation indicating a promise to
appear before the county court or comply with the requirement for paying the fine
and must attend a school-approved anti-tobacco program, if locally available. If a
fine is assessed for a violation of this section, the fine must be paid within 30 days
after the date of the citation or, f a court appearance is mandatory, within 30 days
after the date of the hearing.
f. A person charged with a noncriminal violation under this section must appear before
the county court or comply with the requirement for paying the fine. The court, after
a hearing, shall make a determination as to whether the noncriminal violation was
committed. If the court finds the violation was committed, it shall impose an
appropriate penalty as specified in this subsection (4)-or-subsecNen(2)QI.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE. //
This Ordinance shall take effect the a77 day of OGI6?r , 2018.
PASSED and ADOPTED this /7 day of 10L771 , 2018.
ATTEST: -
/ Dan Gelber, Mayor
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Rafael E. Granado, City v Clerk h S`. A�
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(Sponsored by Mayor Dan Gelber) * : rQr P ORATED *
(Co-sponsored by Commissioner John Elizabeth Aleman) ..
Underline denotes additions • 4 ,'. • �0777_
Strike through denotes deletions �, '-• TO
Double underline denotes additions made after First Reading GUAGE
denotes deletions made after First Reading '- ' SON C/,
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F:WTTO\LOPV\ORDINANCEVvnended Prohibitions re Nicotine Vaporizers and Liquid Nicotine Second Reading.docx
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, CIty Attorney
DATE: October 17, 2018
10:20 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
SECTION 70-2, ENTITLED "SALE OF NICOTINE VAPORIZERS (E-CIGARETTES)
AND LIQUID NICOTINE TO MINORS AND POSSESSION BY MINORS
PROHIBITED; PENALTIES" BY AMENDING THE DEFINITIONS THEREIN; THE
PROHIBITIONS REGARDING THE PHYSICAL ACCESSIBILITY OF NICOTINE
VAPORIZERS AND LIQUID NICOTINE; PROVIDING SIGNAGE REQUIREMENTS
FOR RETAILERS; INCLUDING PROHIBITIONS AND REQUIREMENTS
REGARDING MAIL ORDERS, INTERNET, AND REMOTE SALES OF NICOTINE
VAPORIZERS OR LIQUID NICOTINE; AMENDING THE PENALTIES FOR
VIOLATIONS OF SECTION 70-2; AND PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted
on Second Reading for consideration by the City Commission at the October 17, 2018 Commission
meeting.
Ordinance will be provided via the Supplemental Agenda.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber& Co-sponsored by Commissioners Aleman & Steinberg
ATTACHMENTS:
Description
❑ Ordinance
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