C4H-Ref- NCAC - Prohibit Sale Of E-Cigarettes To Minors Within The City Of MiamiBEACH
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY C. OMMISSION /
CITY MANAGER JIMMY M~RAt
CITY ATTORNEY JOSE SMITH ~
I ( /
March 5, 2014 "· \ ~
PROHIBITION ON THE SALE OF E-CIGARETTES TO MINORS WITHIN THE
CITY OF MIAMI BEACH.
Pursuant to the request of Commissioner Micky Steinberg, the attached City of
Miami Ordinance and Resolution are referred to the Neighborhood/Community Affairs
Committee for consideration and recommendation with regard to the subject of the sale
of nicotine vaporizers to minors. Under the Florida Statutes, nicotine vaporizers are not
encompassed within the definition of "tobacco products" which is regulated by State law
and the Federal Food and Drug Administration. The City of Miami has passed the
attached Ordinance on first reading which makes the possession and sale of nicotine
vaporizers and liquid nicotine dispensing devices illegal for persons under the age of
eighteen. In addition, the Florida Legislature is considering Senate Bill 224 and House
Bill 153 which would amend Chapter 569 of the Florida Statutes that regulates tobacco
products to expand the regulations to include nicotine dispensing devices. If passed,
the Bills would become effective July 1, 2014. The attached City of Miami Resolution
urges the Florida Legislature to support the two Bills.
F:\ATTO\TURN\COMMMEMO\Prahibition on Sale of Cigarettes to Minors.docx
125
Agenda Item C 1./H
Date _g,.s--ty
File Number: 14-00075
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL33133
WINW.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT
HOUSE BILL 153 AND SENATE BILL 224 EXTENDING THE CURRENT
PROHIBITIONS RELATING TO TOBACCO PRODUCTS FOR PERSONS UNDER
THE AGE OF EIGHTEEN, BY PROHIBITING THE SALE, GIFTING, POSSESSION
OR USE OF NICOTINE VAPORIZERS AND LIQUID NICOTINE DISPENSING
DEVICES, INCLUDING ELECTRONIC CIGARETTES, TO AND BY PERSONS
UNDER THE AGE OF EIGHTEEN; DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic
cigarettes or a-cigarettes, have recently been made available to consumers, including minors, allow
users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the
vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and
WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud 11 of
undetermined substances; and
WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug
Administration ("FDA"} urging the agency to regulate electronic cigarettes in the same way it regulates
tobacco products stating that a-cigarettes are being marketed to children through cartoon-like
advertising characters and by offering fruit and candy flavors, much like cigarettes were once
marketed to attain new smokers; and
WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully
meant to appeal to and attract young people and are commonly referred to as "training wheels" for
traditional cigarettes; and
WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the
equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can lead
young people into a lifetime of nicotine addiction; and
WHEREAS, in the United States, more than 90% of current 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, two-thirds of children who begin smoking in the sixth grade become regular adult
smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular
adult smokers; and
WHEREAS, the percentage of United States middle and high school students who use electronic
cigarettes, or a-cigarettes, more than doubled from 2011 to 2012, according to data published by the
Ciry of Miami Pagel of2 Fileld: U-00075 (Venion: 11 Pritrted On: 1130/2014
126
File Number: 14-00075
Centers for Disease Control and Prevention; and
WHEREAS, the City Commission supports House Bi11153 and Senate Bill224, which provides
for an amendment to the Florida Statutes to extend the current prohibitions relating to tobacco
products for persons under the age of eighteen (18), to prohibit the sale, gifting, possession or use of
nicotine dispensing devices, that includes electronic cigarettes, to and by persons under the age of 18;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City·Commission urges Governor Rick Scott and the members of the Florida
Legislature to support House Bill 153 and Senate Bill 224 extending the current prohibitions relating to
tobacco products for persons under the age of eighteen, by prohibiting the sale, gifting, possession or
use of nicotine vaporizers and liquid nicotine dispensing devices, including electronic cigarettes, to and
by persons under the age of eighteen.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott,
Senate President Don Gaetz, the Speaker of the House Will Weatherford, the members of the Florida
Legislature, Mayor Carlos Gimenez and the Members of the Miami-Dade County Commission.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
ND CORRECTNESS:
~0
Footnotes:
{1} Words and/or figures stric\<,en through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material. ·
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(1 0) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the city Commission.
City of Miami Page2 of2 File /d: 14-00075 (Version: 1 J Printed On: 1/3012014
127
City Hall City of Miami 3500 Pan American
Drive
Legislation
Ordinance
Miami, FL 33133
www.miamigov.com
File Number: 14-00074 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES-MISCELLANEOUS", MORE PARTICULARLY BY ADDING A NEW
SECTION TO PROHIBIT THE SALE, BARTER, PROVIDING DIRECTLY OR
INDIRECTLY, GIFTING, MAKE AVAILABLE FOR USE OR POSSESSION, OR
FURNISHING OF NICOTINE VAPORIZERS AND LIQUID NICOTINE TO PERSONS
UNDER THE AGE OF EIGHTEEN (18); MOROEVER, MAKING THE POSSESSION
OF THESE NICOTINE VAPORIZERS AND LIQUID NICOTINE ILLEGAL FOR
PERSONS UNDERTHEAGE OF EIGHTEEN (18); PROVIDING DEFINITIONS FOR
"NICOTINE VAPORIZER," AND "LIQUID NICOTINE"; PROVIDING FOR
PENALTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic
cigarettes ore-cigarettes, have recently been made available to consumers, including minors, allow
users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the
vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and
WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud" of
undetermined substances; and
WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug
Administration ("FDA") urging the agency to regulate electronic cigarettes in the same way it regulates
tobacco products stating that e-cigarettes are being marketed to children through cartoon-like
advertising characters and by offering fruit and candy flavors, much like cigarettes were once
marketed to attain new smokers; and
WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully
meant to appeal to and attract young people and are commonly referred to as "training wheels" for
traditional cigarettes; and
WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the
equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can lead
young people into a lifetime of nicotine addiction; and
WHEREAS, in the United States, more than 90% of current 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, two-thirds of children who begin smoking in the sixth grade become regular adult
smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular
adult smokers; and
Cily of Miami Page 1 ofJ File ld: U-00074 (Version: 1) Printed On: 1114120U
128
File Number: 14-00074
WHEREAS, the percentage of United States middle and high school students who use electronic
cigarettes, or a-cigarettes, more than doubled from 2011 to 2012, according to data published by the
Centers for Disease Control and Prevention; and
WHEREAS, the federal law restricting the sale of tobacco products to minors currently applies
only to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco, and does not
apply to nicotine vaporizers; and
WHEREAS, the City Commission finds that it is in the best interest of and is necessary to protect
the health, safety, and welfare of the residents and visitors of the City of Miami by prohibiting the sale
of nicotine vaporizers and liquid nicotine to minors;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings found in the preamble of this ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida as amended, entitled
"Offenses-Miscellaneous", is amended in the followi_ng particulars: {1}
"CHAPTER37
OFFENSES-MISCELLANEOUS
Sec. 37-10. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors, Prohibited.
{a) Definitions:
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 (18l.
Nicotine Vaporizer means any electronic or battery-operated device that can be used to deliver an
inhaled dose of nicotine or other substance and includes those composed of a mouthpiece. heating
element, and battery or electronic circuits that provide a vapor of Liquid Nicotine or other substances
to the user. This term shall include such devices whether they are manufactured. distributed,
marketed. or sold as an electronic cigarette, an electronic cigar. an electronic cigarillo. an electronic
pipe. an electronic hookah. an e-cigarette. an e-ciqar. e-cigarillo. an e-pipe. an e-hookah. or under any
other product name.
(b) Prohibitions:
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File Number: 14-00074
(1 l It shall be unlawful to sell. give. furnish. barter or make available directly or indirectly a Nicotine
Vaporizer or Liquid Nicotine to a person under the age of 18 years old. 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 offer Nicotine Vaporizers
or Liquid Nicotine in vending machines.
(3) It shall be unlawful for a person under the age of 18 to possess or use Nicotine Vaporizers or
Liquid Nicotine.
(c) Penalties. Any person who violates any provision of this section commits a municipal ordinance
violation and may be punished as provided in Section 1-13 of the Code of the City of Miami. Florida. as
amended.
* *II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(1 0) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission.
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130