Resolution 2018-30578 RESOLUTION NO. 2018-30578
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING MIAMI-DADE,
BROWARD, PALM BEACH, AND MONROE COUNTIES TO
ADOPT LEGISLATION, IN THE INTEREST OF THE PUBLIC
HEALTH, SAFETY, AND WELFARE OF OUR YOUTH, THAT IS
SIMILAR TO THE LAWS ADOPTED IN THE CITY OF MIAMI
BEACH PROHIBITING THE SALE OF NICOTINE VAPORIZERS (E-
CIGARETTES) AND LIQUID NICOTINE TO MINORS,
PROHIBITING THE POSSESSION OF THESE ITEMS BY MINORS,
IMPOSING PROHIBITIONS AND REQUIREMENTS REGARDING
MAIL ORDER, INTERNET, AND REMOTE SALES OF NICOTINE
VAPORIZERS AND LIQUID NICOTINE, AND IMPOSING STRONG
PENALTIES FOR VIOLATIONS.
WHEREAS, according to recent empirical studies and widespread news reports,
the use of youth-oriented, flavored electronic cigarettes has skyrocketed to alarming
popularity with teens in middle and high schools across the nation, putting the next
generation of Americans at risk of nicotine addiction and making this an urgent public
health issue; 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 threating to undermine the decades of progress made in
our country to reduce youth tobacco use; and
WHEREAS, the 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. As the Preface to the Executive
Summary of the Report noted, "[e]-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." In
addition, "[c]ompared with older adults, the brain of youth and young adults is more
vulnerable to the negative consequences of nicotine exposure. The effects include
addiction, priming for use of other addictive substances, reduced impulse control,
deficits in attention and cognition, and mood disorders; and
WHEREAS, data analyzed by the U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention (CDC) and by the FDA from the
2016 National Youth Tobacco Surveys revealed that 20.2% of high school students
reported the current use of tobacco products, with e-cigarettes being the most
commonly used by 11.3% of those students; and, among middle school students, 7.2%
reported the current use of tobacco products, with e-cigarettes being the most
commonly used by 4.3% of those students; and
WHEREAS, a January 2018 Congressionally-mandated report by the National
Academies of Sciences, Engineering, and Medicine concluded that among youth—who
use e-cigarettes at higher rates than adults—there is substantial evidence that e-
cigarette use increases the risk of transitioning to smoking conventional cigarettes; and
WHEREAS, as similarly reported in a 2018 article published in the Journal of the
American Academy of Pediatrics, a study of e-cigarette use by adolescents showed
that, among adolescent cigarette experimenters, using e-cigarettes was positively and
independently associated with the progression to established cigarette smoking; and
WHEREAS, according to information contained on the JUUL website under the
Frequently Asked Questions regarding JUULpod Basics, 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 currently reported on the website for the CDC, smoking causes
cancer, heart disease, stroke, lung disease, and chronic obstructive pulmonary disease
(COPD) and is the leading cause of preventable death, causing more than 480,000
deaths per year in the United States; and
WHEREAS, in addition, six leading public health and medical organizations (the
American Academy of Pediatrics, the American Lung Association, the American Heart
Association, the American Cancer Society Cancer Action Network, the Campaign for
Tobacco-Free Kids, and the Truth Initiative) sent a letter to the FDA on April 18, 2018
urging "strong and immediate action" to address the dramatic rise in teen use of JUUL
electronic cigarettes, which presents an "urgent threat to public health"; and
WHEREAS, on October 17, 2018, in response to the significant and alarming
health implications of e-cigarettes on the youth of the City, the Mayor and City
Commission of the City of Miami Beach adopted the attached Ordinance that amended
and strengthened the provisions in Section 70-2 of the Miami Beach City Code
prohibiting the sale of e-cigarettes and liquid nicotine to minors and the possession of
these items by minors, imposing prohibitions and requirements regarding mail order,
internet, and remote sales of these items, and imposed strong penalties for the
violations of these regulations; and
WHEREAS, in the interests of the health, safety, and welfare of South Florida
youth, Miami-Dade, Broward, Palm Beach, and Monroe Counties are urged to follow the
City of Miami Beach's lead in enacting legislation to strongly address the harms posed
to our youth by e-cigarettes and liquid nicotine.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge Miami-Dade, Broward, Palm Beach, and Monroe Counties to
adopt legislation in the interest of the public health, safety, and welfare of our youth that
is similar to the laws adopted in the City of Miami Beach, prohibiting the sale of nicotine
vaporizers (e-cigarettes) and liquid nicotine to minors, prohibiting the possession of
these items by minors, imposing prohibitions and requirements regarding mail order,
internet, and remote sales of nicotine vaporizers and liquid nicotine, and imposed strong
penalties for violations.
PASSED AND ADOPTED this 17th day of October, 2018.
ATTEST: 2Ple--
Dan Gelber, Mayor
4 kik :
Rai.-I E. Granado, City Clerk
APPROVED AS TO
LANGUAGE
(Sponsored by Mayor Dan Gelber) �EXECUTION
U=-v , �
w� B1 °.. F re— Attorney
91
bti
CORPICRRruot
q . i. ?
F:NTTO\TURN\RESOS\Resp urging MD.BC,PB&MC to adopt laws re.sale of Nicotine to Minors 2018(Gelber)doc
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, "[e]-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, replaceable nicotine pod liquid nicotine
vial. or other container used to refill or replace nicotine for the device or product.
2
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).
lh) 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:
L reliable confirmation that the individual is over the age of eighteen (18); and
H. 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
Hi. obtains a photocopy or other image of a valid government-issued identification card stating
the date of birth or age of the individual.
3
(e3(e)Penalties.
_ • , - 'ea' — • •r • • ,• • .i -i. --.
• •- .•n •
•1• • - ion • _. n• _ •• _• .( •-• - •r• -• '• "•.
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)-
f3), (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.
(240_} A violation of eu2sections (bl(11 (bl(2) (b)(41 or (dl by a minor ;0 2(,�- ;'jfl shall be
punished as a non-criminal violation as follows:
a. For a first violation, 46 20 16 hours of community service or, instead of community
service, a $25 $25 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 $25 fial2G 525 fine; er
c. For a third or subsequent violation within 12 weeks of the first violation, fe thou
who seocoot o—Arive=1s- lieonse—ems-4rivers krw_t- the 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=�_ •_..e.,_.b:.a e.� ems,....,..v�,:e�....,.., ve.........,.d e. r% ,cr .._3..k A_--
-_ 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 43)(e) 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, if 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 (44-er-subsec:_n (201
4
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 c27 day of /°C70l?r , 2018.
PASSED and ADOPTED this /7 day of /76.7‘i , 2018.
/11141111'-e°-
+� -
ATTEST: / --
Dan Gelber, Mayor
/ yl r\
1/21 V/3c/? ��5 B�q
of
Rafael E. Granado, City Clerk
(Sponsored by Mayor Dan Gelber) � . " iFAGJ
(Co-sponsored by Commissioner John Elizabeth Aleman)
r
Underline denotes additions
es e8denotes deletions =�; . Aid•„* ' �� TO
Doublun underline denotes additions made after First Reading y GUAGE
denotes deletions made after First Reading • 4 CLITION
4jzis
• Att...3,
F:ATTO\LOPY\ORDINANCE Amended Prohibitions re Nicotine Vaporizers and Liquid Nicotine Second Readrng.docx
5
Resolutions - R7 W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: October 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING MIAMI-DADE, BROWARD, PALM BEACH, AND
MONROE COUNTIES TO ADOPT LEGISLATION, IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY, AND WELFARE OF OUR YOUTH, THAT IS SIMILAR
TO THE LAWS ADOPTED IN THE CITY OF MIAMI BEACH PROHIBITING THE
SALE OF NICOTINE VAPORIZERS (E-CIGARETTES) AND LIQUID NICOTINE TO
MINORS, PROHIBITING THE POSSESSION OF THESE ITEMS BY MINORS,
IMPOSING PROHIBITIONS AND REQUIREMENTS REGARDING MAIL ORDER,
INTERNET, AND REMOTE SALES OF NICOTINE VAPORIZERS AND LIQUID
NICOTINE,AND IMPOSING STRONG PENALTIES FOR VIOLATIONS.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Resolution is submitted for
consideration by the City Commission at the October 17, 2018 Commission meeting.
This Resolution is to be considered following the Second Reading/Public Hearing of the Ordinance
amending the provisions on Section 70-2 of the City Code concerning Nicotine Vaporizers and Liquid
Nicotine.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Resolution
Page 1396 of 1637