11-15-2018 Regular Workshop Agenda The City ®f CityCommission
ilei ff ura WorkshopMeeting
= November 15, 2018
9.00 a.m.
19200 west Country Club Drive Aventura,FL 33180 Executive Conference Room
AGENDA
1. Call to Order/Roll Call
2. Resolution Urging FDA to Enact and Enforce Regulations
Prohibiting Sale and Marketing of E-Cigarettes to Minors
(Commissioner Weinberg)*
3. Discussion Items (Commissioner Shelley)
4. Adjournment
* Back-up Information Exists
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need
special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,305-466-8901,not
later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may
participate at the meeting. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive,Aventura,Florida,33180,or online at cityofaventura.com.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AICP
Interim City Mana
DATE: November 9, 2018
SUBJECT: Resolution Urging FDA to Enact and Enforce Regulations Prohibiting Sale
and Marketing of E-Cigarettes to Minors
As requested by Commissioner Weinberg at the October 18, 2018 City Commission
Workshop Meeting, the following information is provided for discussion at the
November 15, 2018 Workshop Meeting:
1. Miami Dade County Code Sections regulating merchandising of tobacco
products, including electronic cigarettes,
2. Resolution 2018-30489 passed September 12, 2018 by the City of Miami Beach,
3. Ordinance passed October 17, 2018 by the City of Miami Beach,
4. Amendment No. 9 passed by the electorate on November 6, relating to certain
items, including prohibition of indoor use of vapor-generating electronic
cigarettes, and
5. November 8, 2018 New York Times article discussing FDA actions on regulation
of e-cigarettes.
Rtkr-U.
Sec. 8A-8. -Title.
Sections 8A-8-8A-8.4 shall be known and may be cited as the "Merchandising of Tobacco
Products, Flavored Tobacco Products, and Electronic Cigarettes and other Nicotine Dispensing Devices
Ordinance."
(Ord. No. 02-20, § 1, 1-29-02; Ord. No. 13-07, § 1, 1-23-13; Ord. No. 14-55, § 1, 6-3-14)
Sec. 8A-8.1. - Intent.
Sections 8A-8-8A-8.4 are intended to prevent the sale to and possession of tobacco products
including flavored tobacco products of all types, including, but not limited to, flavored tobacco products
that resemble candy, such as pellets, film strips and twisted sticks, as well as electronic cigarettes and
other nicotine dispensing devices by persons under the age of 18 by regulating the placement of such
products. Sections 8A-8-8A-8.4 shall not be interpreted or construed to prohibit the sale or delivery of
tobacco products including flavored tobacco products, which are otherwise lawful or regulated pursuant to
Chapter 569, Florida Statutes.
(Ord. No. 02-20, § 1, 1-29-02; Ord. No. 13-07, § 1, 1-23-13; Ord. No. 14-55, § 1, 6-3-14)
Sec. 8A-8.2.- Definitions.
For the purpose of Sections 8A-8-8A-8.4, the following definitions shall apply:
(a) Business means any sole proprietorship, joint venture, corporation or other business formed for
profit making or non-profit purposes in both the incorporated and unincorporated areas of
Miami-Dade County, including retail establishments where goods or services are sold.
(b) Characterizing flavor means a distinguishable taste or aroma, other than the taste or aroma of
tobacco, menthol, mint or wintergreen, imparted either prior to or during consumption of a
tobacco product or component part thereof, including, but not limited to, tastes or aromas
relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb
or spice; provided, however, that no tobacco product shall be determined to have a
characterizing flavor solely because of the use of additives or flavorings or the provision of
ingredient information.
(c) Component part means any element of a tobacco product, including, but not limited to, the
tobacco, filter and paper, but not including any constituent.
(d) Constituent means any ingredient, substance, chemical or compound, other than tobacco,
water or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product
during the processing, manufacture or packing of the tobacco product. Such term shall include a
smoke constituent.
(e) Flavored tobacco product means any tobacco product or any component part thereof that
contains a constituent that imparts a characterizing flavor. A public statement or claim made or
disseminated by the manufacturer of a tobacco product, or by any person authorized or
permitted by the manufacturer to make or disseminate public statements concerning such
tobacco product, that such tobacco product has or produces a characterizing flavor shall
constitute presumptive evidence that the tobacco product is a flavored tobacco product.
(f) Nicotine dispensing devices means any product that can be used to deliver nicotine to an
individual by inhaling vaporized nicotine from the product, whether or not such vapor actually
includes nicotine, including, but not limited to, an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, or other similar device or product and any replacement nicotine
cartridge for the device or product.
(g) Person means any individual, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or other legal entity.
(h) Self-service merchandising means the open display of tobacco products to which the public
has access without the intervention of the vendors, store owner, or other store employee.
(i) Smoke constituent means any chemical or chemical compound in mainstream or sidestream
tobacco smoke that either transfers from any component of the tobacco product to the smoke or
that is formed by the combustion or heating of tobacco, additives or other component of the
tobacco product.
(j) Tobacco products means any substance which contains tobacco, including, but not limited to,
cigars, chewing tobacco, pellets, film strips, twisted sticks, other forms designed to look like
candy, loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and
cigarette wrappers, which can be used for smoking, sniffing, or chewing.
(k) Tobacco retailer means any person or business that operates a store, stand, booth,
concession, or other place at which sales of tobacco products are made to purchasers for
consumption or use.
(I) Vendor-assisted means the customer has no access to tobacco products without the assistance
of the vendor, store owner, or other store employee.
(Ord. No. 02-20, § 1, 1-29-02; Ord. No. 13-07, § 1, 1-23-13; Ord. No. 14-55, § 1, 6-3-14)
Sec. 8A-8.3. -Self-service merchandising prohibited.
No person, business, tobacco retailer, or other establishment subject to Sections 8A-8-8A-8.4 shall
sell, permit to be sold, offer for sale, or display for sale any tobacco products, any flavored tobacco
product or any electronic cigarette or other nicotine dispensing device 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.
(Ord. No. 02-20, § 1, 1-29-02; Ord. No. 13-07, § 1, 1-23-13; Ord. No. 14-55, § 1, 6-3-14)
Sec.8A-8.4.-Application and enforcement.
This section shall be applicable in incorporated and unincorporated areas of Miami-Dade County,
with the enforcement of the provisions of Sections 8A-8-8A-8.4 being the responsibility of Miami-Dade
County, including the Miami-Dade Police Department and the Regulatory and Economic Resources
Department or their successor departments, in the unincorporated area and being the responsibility of the
respective municipalities in the incorporated area. In addition to any other penalties provided by law, a
violation of any provision of Sections 8A-8-8A-8.4 shall constitute a civil offense punishable by the
applicable civil penalty provided in the schedule of civil penalties pursuant to Chapter BCC of the Code
and the remedies contained in Article Ill of Chapter 8A of the Code.
(Ord. No. 02-20, § 1, 1-29-02; Ord. No. 13-07, § 1, 1-23-13; Ord. No. 14-55, § 1, 6-3-14)
Sec. 21-13.1. - Possession or purchase by minors of electronic cigarettes and other nicotine dispensing
devices prohibited.
(a) For the purpose of this section, "Nicotine dispensing devices" shall mean any product that can be
used to deliver nicotine to an individual by inhaling vaporized nicotine from the product, whether or
not such vapor actually includes nicotine, including, but not limited to, an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product and any
replacement nicotine cartridge for the device or product.
(b) It is unlawful for any person under 18 years of age to knowingly purchase or possess an electronic
cigarette or other nicotine dispensing device.
(c) Any person violating this section shall be punished by a fine of twenty-five dollars ($25.00) for the
first offense; fifty dollars ($50.00) for the second offense and one hundred dollars ($100.00) for each
subsequent offense. In addition to any other penalties provided by law, a violation of any provision of
this section shall constitute a civil offense punishable by the applicable civil penalty provided in the
schedule of civil penalties pursuant to Chapter 8CC of the Code and the remedies contained in
Article III of Chapter 8A of the Code.
(d) This section shall be applicable in the incorporated and unincorporated areas of Miami-Dade
County, with the enforcement of the provision of this section in the unincorporated area being the
responsibility of Miami-Dade County and in the incorporated area being the responsibility of the
respective municipalities.
(e) If the Florida Legislature amends state law to prohibit minors from knowingly purchasing or
possessing electronic cigarettes or other nicotine dispensing devices, then upon the effective date of
such enactment, the provisions of this ordinance addressed shall no longer be deemed effective.
(Ord. No. 14-55, § 2, 6-3-14)
Sec. 21-13.2.-Sale of electronic cigarettes and other nicotine dispensing devices to minors prohibited.
(a) For the purpose of this section, "Nicotine dispensing devices" shall mean any product that can be
used to deliver nicotine to an individual by inhaling vaporized nicotine from the product, whether or
not such vapor actually includes nicotine, including, but not limited to, an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product and any
replacement nicotine cartridge for the device or product.
(b) It is unlawful to sell, deliver, barter, furnish or give, directly or indirectly, to any person who is under
18 years of age any electronic cigarette or other nicotine dispensing device.
(c) Any person violating this section shall be punished by a fine of five hundred dollars ($500.00). In
addition to any other penalties provided by law, a violation of any provision of this section shall
constitute a civil offense punishable by the applicable civil penalty provided in the schedule of civil
penalties pursuant to Chapter 8CC of the Code and the remedies contained in Article III of Chapter
8A of the Code.
(d) This section shall be applicable in the incorporated and unincorporated areas of Miami-Dade
County, with the enforcement of the provision of this section in the unincorporated area being the
responsibility of Miami-Dade County and in the incorporated area being the responsibility of the
respective municipalities.
(e) If the Florida Legislature amends state law to prohibit minors from knowingly purchasing or
possessing electronic cigarettes or other nicotine dispensing devices, then upon the effective date of
such enactment, the provisions of this ordinance addressed shall no longer be deemed effective.
(Ord. No. 14-55, § 3, 6-3-14)
MIAMI BEACH
City of Miami Mach, 1700 Convention Center Drive,Miami Bench,Florida 33139,www.miomibeachil.gov
Office of the City Clerk
Tel:305-6717411
October 2, 2018
City Clerk Ellisa L. Horvath
19200 West Country Club Drive
Aventura, FL 33180
Dear City Clerk Horvath,
Attached please find a copy of City of Miami Beach Resolution No. 2018-30489:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE UNITED STATES FOOD 8
DRUG ADMINISTRATION (FDA) TO CONTINUE TO PURSUE ACTIONS TO
HOLD E-CIGARETTE MANUFACTURERS ACCOUNTABLE FOR THE
ACCESSIBILITY OF THEIR PRODUCTS TO MINORS AND TO
EXPEDITIOUSLY PROCEED TO ENACT AND ENFORCE REGULATIONS
PROHIBITING THE SALE AND MARKETING OF YOUTH-FRIENDLY AND
YOUTH-ORIENTED E-CIGARETTES TO MINORS IN THE IMMEDIATE
INTEREST OF THE HEALTH, SAFETY, AND WELFARE OF OUR NATION'S
YOUTH.
(Sponsored by Mayor Dan Gelber and Co-Sponsored by Commissioners,
John Elizabeth Aleman, Michael Gongora, and Micky Steinberg)
This Resolution was unanimously passed and adopted by the Mayor and City Commission of
the City of Miami Beach on September 12, 2018.
We ask that you please transmit this resolution to your elected officials. If you need additional
Information, please do not hesitate to call.
Respectfully,
l .Z�
Rafael E. Granado
City Clerk
c: Mayor Dan Gelber
Commissioner John Elizabeth Aleman
Commissioner Michael Gongora
Commissioner Micky Steinberg
RESOLUTION NO. 201830489
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE UNITED
STATES FOOD & DRUG ADMINISTRATION (FDA) TO CONTINUE
TO PURSUE ACTIONS TO HOLD E-CIGARETTE
MANUFACTURERS ACCOUNTABLE FOR THE ACCESSIBILTY OF
THEIR PRODUCTS TO MINORS AND TO EXPEDITIOUSLY
PROCEED TO ENACT AND ENFORCE REGULATIONS
PROHIBITING THE SALE AND MARKETING OF YOUTH-
FRIENDLY AND YOUTH-ORIENTED E-CIGARETTES TO MINORS
IN THE IMMEDIATE INTEREST OF THE HEALTH, SAFETY, AND
WELFARE OF OUR NATION'S YOUTH.
WHEREAS, according to recent empirical studies and widespread news reports,
including articles in The New York Times, The Wall Street Journal, and The Washington
Post, 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, since 2015, Juul Labs, Inc. (JUUL) has manufactured and sold a
new version of nicotine dispensing e-cigarettes, which have further flamed the
nationwide vaping craze that has ignited among America's youth. JUUL e-cigarettes
come in youth-popular flavors, look like a flash drive, are easily concealed, and are
rechargeable on USB ports. Indeed, the JUUL e-cigarette has become so ubiquitous
that middle and high school students have created a new verb and describe its use as
"juuling"; and
WHEREAS, although various e-cigarette and electronic nicotine dispensing
systems (ENDS) products are on the market and contribute to the growing vaping
epidemic among our youth, the JUUL e-cigarette captured 68% of the e-cigarette
market share in just three years, according to recent Nielsen data compiled by market
analysts at Wells Fargo; 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 their
products and product-related merchandise, e-cigarettes are immensely popular with
teenage children and threaten 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 hearth 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, the alarming implications of e-cigarette use, and specifically JUUL
use, by youth across our nation has garnered the attention of various members of
Congress, including Senate Democratic Whip Dick Durbin (D-IL), along with 10 of his
Senate colleagues, who have recently sent impassioned letters to both the Chief
Executive Officer of Juul Labs, Inc. (Exhibit A) and the Commissioner of the FDA
(Exhibit B) urging swift action to reduce youth use of these dangerous and addictive
products, and to initiate immediate actions to remove these products from the market;
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, in 2018, lawsuits have been filed against Juul Labs, Inc. and its
predecessor company, PAX Labs, Inc, in the United States District Court of Northern
California (Class Action Case No. 3:18-cv-02499) alleging claims of false advertising,
improper representations, fraud, deceit, and unfair, unlawful and deceptive trade
practices, among other claims; and, another case has been filed in the United States
District Court for the Southern District of New York (Case No. 7:18-cv-05758) alleging
products liability and negligent design and marketing claims; and
WHEREAS, the FDA announced on April 24, 2018 that it had implemented a
newly formed Youth Tobacco Prevention Plan that includes taking new enforcement
actions against retailers illegally selling e-cigarette products to minors; urging eBay to
remove listings for JUUL products on its website; issuing official requests for documents •
to manufacturers, including Juul Labs, related to, among other things, product •
marketing, research on the toxicological, behavioral or physiologic effects of these
products; enforcement actions focused on companies engaged in misleading
advertising aimed at youth; and, engaging in science-based campaigns to educate
youth about the dangers of e-cigarettes and all tobacco products; and
WHEREAS, while the FDA's current plan of action to address the harms of e-
cigarettes, and the new JUUL craze among minors, is a necessary step in the right
direction, other additional and immediate actions are needed now to address the
proliferation of these youth-friendly products to protect the health and welfare of our
nation's youth, including, but not limited to, the suspension of all internet sales of JUUL
and similar e-cigarettes until new and adequate rules are established to require effective
age verification of buyers at the time of sale and delivery; heightened enforcement
actions against the sales of JUUL and similar e-cigarettes to minors by brick-and-mortar
retailers; and, a reversal of the FDA's 2017 decision that allows e-cigarettes already on
the market as of August 8, 2016 to stay on the market for 4 more years until August 8,
2022, without the need to undergo a premarket tobacco product application (PMTA)
process and public heath review and oversight by the FDA; and
WHEREAS, on September 12, 2018, the FDA sent letters to JUUL and four other
manufacturers of ENDS products stating that it was reconsidering is August 8, 2022
compliance date for the submission of PMTAs for their products and requested that
these manufacturers provide a written response, within 60 days, setting forth a detailed
plan, including specific timeframes, to address and mitigate the widespread use of their
products by minors.
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 the United States Food & Drug Administration to continue to
pursue actions to hold e-cigarette manufacturers accountable for the accessibility of
their products to minors and to expeditiously proceed to enact and enforce regulations
prohibiting the sale and marketing of youth-friendly and youth-oriented e-cigarettes to
minors in the immediate interest of the health, safety, and welfare of our nation's youth.
PASSED AND ADOPTED this 12'h day of September 2018.
ATTEST:
Dan Gelber, Mayor
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Rafael E. Granado, ��
ity Clerk APPROVED AS TO
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Sponsored by Mayor Dan Gelber City Attaney DOfe
Co-sponsored by Commissioner John Elizabeth AlemSn
Co-sponsored by Commissioner Michael Ghngora
Co-sponsored by Commissioner Micky Steinberg
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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
Soonsor
Mayor Dan Gelber&Co-sponsored by Commissioner Aleman
ATTACHMENTS'
Description
o Ordinance
Page 752 of 1746
ORDINANCE NO.
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
Page 753 of 1746
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;Slanaas 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 teleohonic 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 ecigar, e-
cigarillo, an e-pipe, and an e-hookah, and any device that is recharaeable by a USB Dort or other
method, whether they are manufactured, distributed, marketed, or sold under any other product
name, and includes any replacement nicotine cartridge, replaceable nicotine ood liquid nicotine
vial, or other container used to refill or replace nicotine for the device or product.
Page 734 of 1746
Retailer means any person business or establishment who is in possession of Nicotine
Vaporizers or Liauid Nicotine for the purposes of sellina the Nicotine Vaporizers or Liauid 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 recipients 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 fg
sale Nicotine Vaporizers or Liquid Nicotine by means of sett-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 aae of eiahteen (18).
dl It shall be unlawful for a person under the age of 18 to possess Nicotine Vaporizers or
Liquid Nicotine.
(c) Penalties Sianaae reauirements for Retailers.
Any retailer or any other establishment that sells Nicotine Vaoorizers or Liquid Nicotine shall
post a clear and conspicuous sian where such products are sold which substantially states the
followina:
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 sian shall be deemed a violation of this section.
f4]
prohibitions and requirements regarding mail order interned 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 acceotina 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 Uauid Nicotine in connection
with an order for a delivery sale unless. before the delivery to the consumer. the person
acceotina the order for the delivery sale. obtains from the individual submittina the order a
certification that includes-
i_ reliable confirmation that the individual is over the ase of eiahteen (18): and
iii makes a aood faith effort to verify the information contained in the certification provided by
the individual against a commercially available database that may be reasonably relied
ypgn for accurate aae information: and
1 obtains a photocopy or other imaae of a valid aovemment-issued identification card stating
the date of birth or ase of the individual.
Page 7a5 of 1746
(a)[eJPenalties.
(1) A Ve'at'eq-ef 4V4seati--a 70 °(`)(')d°) ' 70 - a • ea" be p.,_: __ f._..:,,_a
(]1 A violation of subsections (ball (b1(2LofldLbv_an individual ekl)iteen (18) years of ace of
older or a violatinn of snhseotignalbl(3Land-lcl shall he quNahed.as pmyided in Section
1-14 of the Cndepf the City of Miami Reagtl
(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 manaoer or
his or her designee may revoke the business tax receipt of the violator.
(2)i A violation of subsections (h)11),_(b)(2) (b)(41 or (d) by a minor 70 3(`)(')1J shall be
punished as a non-criminal violation as follows:
a. For a first violation, 4610 16 hours of community service or, instead of community
service, a $25$4W$y§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$000$a fine; or
c. For a third or subsequent violation within 12 weeks of the first violation, feraheee
- - - - - - '- - - -- 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
violatio
is punishable as provided for a first
violation.
e. My person under 18 years of age cited for committing a noncriminal violation under
this auksection &Si 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 tbk subsection(1) or subsestien(21(3).
Page 796 of 1746
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 6. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2018.
PASSED and ADOPTED this day of , 2018.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granada, City Clerk
(Sponsored by Mayor Dan Gelber)
(Co-sponsored by Commissioners John Elizabeth Aleman and Micky Steinberg)
Underline denotes additions
Strike through denotes deletions ,' 'A _' - TO
Doe underline denotes additions made after First Reading E
ubl
feu h denotes deletions made after First Reading •' "-'
F WTTOLLOPYIORDINFNCEWnended Protiibffiona re Nicotine Vaponzen and Lqutl Nicotine Second Reading.docx
Page 7tl7 of 1746
NO. 9 that lie between the mean high water line and the outermost
CONSTITUTIONAL REVISION boundaries of the state's territorial seas. This prohibition does
ARTICLE II, SECTION 7 not apply to the transportation of oil and gas products produced
ARTICLE X, SECTION 20 outside of such waters. This subsection is self-executing.
BALLOT TITLE: ARTICLE X
Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in MISCELLANEOUS
Enclosed Indoor Workplaces SECTION 20. Workplaces without tobacco smoke or vapor.—
(a) PROHIBITION.As a Florida health initiative to protect
BALLOT SUMMARY: people from the health hazards of second-hand tobacco
Prohibits drilling for the exploration or extraction of oil and natural smoke and vapor, tobacco smoking and the use of vapor-
gas beneath all state-owned waters between the mean high generating electronic devices are is prohibited in enclosed
water line and the state's outermost territorial boundaries.Adds indoor workplaces. This section does not preclude the adoption
use of vapor-generating electronic devices to current prohibition of ordinances that impose more restrictive regulation on the use
of tobacco smoking in enclosed indoor workplaces with of vapor-generating electronic devices than is provided in this
exceptions; permits more restrictive local vapor ordinances. section.
(b) EXCEPTIONS.As further explained in the definitions below.
FULL TEXT: tobacco smoking and the use of vapor-generating electronic
ARTICLE II devices may be permitted in private residences whenever they
GENERAL PROVISIONS are not being used commercially to provide child care, adult
SECTION 7. Natural resources and scenic beauty.— care, or health care, or any combination thereof; and further may
(a) It shall be the policy of the state to conserve and protect its be permitted in retail tobacco shops, vapor-generating electronic
natural resources and scenic beauty.Adequate provision shall be device retailers,designated smoking guest rooms at hotels
made by law for the abatement of air and water pollution and of and other public lodging establishments: and stand-alone bars.
excessive and unnecessary noise and for the conservation and However, nothing in this section or in its implementing legislation
protection of natural resources. or regulations shall prohibit the owner, lessee, or other person in
(b)Those in the Everglades Agricultural Area who cause water control of the use of an enclosed indoor workplace from further
pollution within the Everglades Protection Area or the Everglades prohibiting or limiting smoking or the use of vapor-generating
Agricultural Area shall be primarily responsible for paying the electronic devices therein.
costs of the abatement of that pollution. For the purposes of (c) DEFINITIONS. For purposes of this section, the following
this subsection, the terms"Everglades Protection Area" and words and terms shall have the stated meanings:
"Everglades Agricultural Area" shall have the meanings as (1)"Smoking" means inhaling, exhaling, burning, carrying, or
defined in statutes in effect on January 1, 1996. possessing any lighted tobacco product, including cigarettes,
lc)To protect the people of Florida and their environment, drilling_ cigars, pipe tobacco, and any other lighted tobacco product.
for exploration or extraction of oil or natural gas is prohibited on (2) "Second-hand smoke," also known as environmental tobacco
lands beneath all state waters which have not been alienated and smoke (ETS). means smoke emitted from lighted, smoldering, or
Page 26 Page 27
Words underlined are additions; words strieken are deletions Words underlined are additions; words str+eken are deletions
burning tobacco when the smoker is not inhaling; smoke emitted lodging establishments, rooming houses, boarding houses,
at the mouthpiece during puff drawing; and smoke exhaled by resort dwellings, bed and breakfast inns, and the like;and
the smoker. designated by the person or persons having management
(3)"Work" means any person's providing any employment authority over such public lodging establishment as rooms in
or employment-type service for or at the request of another which smoking may be permitted.
individual or individuals or any public or private entity, whether (8) "Stand-alone bar'means any place of business devoted
for compensation or not, whether full or part-time, whether legally during any time of operation predominantly or totally to serving
or not. "Work"includes, without limitation, any such service alcoholic beverages, intoxicating beverages,or intoxicating
performed by an employee, independent contractor, agent, liquors, or any combination thereof,for consumption on the
partner, proprietor, manager, officer, director, apprentice, trainee, licensed premises; in which the serving of food, if any, is merely
associate,servant, volunteer, and the like. incidental to the consumption of any such beverage;and that is
(4)"Enclosed indoor workplace"means any place where not located within, and does not share any common entryway or
one or more persons engages in work, and which place is common indoor area with, any other enclosed indoor workplace
predominantly or totally bounded on all sides and above by including any business for which the sale of food or any other
physical barriers, regardless of whether such barriers consist of product or service is more than an incidental source of gross
or include uncovered openings, screened or otherwise partially revenue.
covered openings;or open or closed windows,jalousies, doors, f91 "Vapor-aeneratina electronic device"means any product
or the like.This section applies to all such enclosed indoor that employs an electronic a chemical,or a mechanical means
workplaces without regard to whether work is occurring at any capable of Producing vapor or aerosol from a nicotine Product or
given time. a y other substance includina but not limited to an electronic
(5)"Commercial"use of a private residence means any time ciaarette.electronic ciaar. electronic cigarillo electronic pipe,
during which the owner, lessee, or other person occupying or or other similar device or product any replacement cartridge
controlling the use of the private residence is furnishing in the for such device and any other container of a solution or other
private residence,or causing or allowing to be furnished in substance intended to be used with or within an electronic
the private residence,child care,adult care, or health care,or ciaarette electronic cigar electronic cigarillo electronic nine. or
any combination thereof, and receiving or expecting to receive other similar device or product.
compensation therefor. 110)"Vapor-aeneratina electronic device retailer"means any
(6)Retail tobacco shop"means any enclosed indoor workplace enclosed indoor workplace dedicated to or predominantly
dedicated to or predominantly for the retail sale of tobacco, for the retail sale of vapor-generating electronic devices and
tobacco products,and accessories for such products, in which components Parts and accessories for such products, in which
the sale of other products or services is merely incidental. the sale of other products or services is merely incidental
(7)"Designated smoking guest rooms at public lodging (d)LEGISLATION. In the next regular legislative session
establishments"means the sleeping rooms and directly occurring after voter approval of this section or any amendment
associated private areas, such as bathrooms, living rooms, and to this section amendment,the Florida legislature shall adopt
kitchen areas, if any, rented to guests for their exclusive transient legislation to implement this section and any amendment to
occupancy in public lodging establishments including hotels, this section amendment in a manner consistent with its broad
motels, resort condominiums,transient apartments,transient purpose and stated terms, and having an effective date no later
Page 28 Page 29
Words underlined are additions;words etrioken are deletions Words underlined are additions; words sleeken are deletions
than July 1 of the year following voter approval. Such legislation NO. 10
shall include,without limitation, civil penalties for violations of CONSTITUTIONAL REVISION
this section; provisions for administrative enforcement; and the ARTICLE III, SECTION 3
requirement and authorization of agency rules for implementation ARTICLE IV, SECTIONS 4 AND 11
and enforcement.This section does not NoHNaghereia-shuN ARTICLE VIII, SECTIONS 1 AND 6
preclude the legislature from enacting any law constituting or
allowing a more restrictive regulation of tobacco smoking or the BALLOT TITLE:
- •f v..• -•- -r- in. - - rani •-vi - than is provided in State and Local Govemment Structure and Operation
this section.
BALLOT SUMMARY:
Requires legislature to retain department of veterans'affairs.
Ensures election of sheriffs, property appraisers,supervisors
of elections, tax collectors,and clerks of court in all counties;
removes county charters'ability to abolish, change term,transfer
duties,or eliminate election of these offices. Changes annual
legislative session commencement date in even-numbered
years from March to January; removes legislature's authorization
to fix another date. Creates office of domestic security and
counterterrorism within department of law enforcement.
FULL TEXT:
ARTICLE III
LEGISLATURE
SECTION 3. Sessions of the legislature.—
(a)ORGANIZATION SESSIONS.On the fourteenth day following
each general election the legislature shall convene for the
exclusive purpose of organization and selection of officers.
(b)REGULAR SESSIONS.A regular session of the legislature
shall convene on the first Tuesday after the first Monday in
March of each odd-numbered year,and on the second Rret
Tuesday after the first Monday in Januaryer
of each even-numbered year.
(c)SPECIAL SESSIONS.
(1)The governor, by proclamation stating the purpose, may
convene the legislature in special session during which only such
legislative business may be transacted as is within the purview of
Page 30 Page 31
Words underlined are additions;words strieken are deletions Words underling are additions;words staeke,.are deletions
11/9/2018 F.D.A.Plans to Ban Most Flavored E-Cigarette Sales in Stores-The New York Times
MKKNew Dort(Elmo
F.D.A. Plans to Ban Most Flavored E-
Cigarette Sales in Stores
By Sheila Kaplan
Nov. 8, 2018
WASHINGTON —The Food and Drug Administration plans to ban sales of most flavored e-
cigarettes in retail stores and gas stations around the country,in an effort to reduce the popularity
of vaping among young people.
The agency also plans to require age-verification measures for online sales to try to ensure that
minors are not able to buy the flavor pods.
F.D.A. officials have been weighing measures to try to curb the use of flavored e-cigarettes among
teenagers. A senior agency official said details of the plan would be announced next week, and
that menthol and mint flavors would be exempt from the restrictions. The F.D.A. stopped short of
including menthol flavors in the vaping sales ban, partly out of concern that some users would
switch to traditional menthol-tobacco cigarettes.
In a recent interview that predated this plan, Dr. Scott Gottlieb, the agency's commissioner, said
he considered youth vaping a pernicious public health problem.
"In order to close the on-ramp to e-cigarettes for kids, we have to put in place some speed bumps
for adults;' Dr. Gottlieb said.
Tobacco companies have fought cutting flavors from e-cigarettes, saying they are not aimed at
youths but at adults who need them as a way to transition from tobacco cigarettes. But health
advocates point to the packaging and youth appeal of a variety of flavors, including chicken and
waffles,rocket Popsicle and unicorn milk as well as fruity tastes like mango.
Dr. Gottlieb has called the attacks on flavored products an "unfortunate trade-off" because they
could restrict access to alternatives for adults trying to quit smoking. But, he also said parents
should consider their children's use of e-cigarettes a serious health threat.
"I think that there's a perception that e-cigarettes are a safer alternative for kids;' he said, "but it
can lead to a lifelong addiction, and some percentage will migrate to combustible products."
The agency's plans were reported earlier by the Washington Post.
The F.D.A.'s crackdown on flavored e-cigarettes began earlier this year, as the numbers of
teenagers vaping reached epidemic proportions and the popularity of such devices soared.
https//www.nytimes.com/2018/11/08/health/vaping-ecigarettes-fda.html 1/2
11/9/2018 F.D.A.Plans to Ban Most Flavored E-Cigarette Sales in Stores-The New York Times
Juul, the blockbuster start-up, has been a primary target of agency regulators, lawmakers and
concerned parents because of its dominant share of the market. Its device resembles a flash
drive, and has had a stunning appeal among youths ever since it was introduced.
Dr. Gottlieb focused on Juul and several other major e-cigarette makers in September, warning
them to stop marketing to teenagers or risk being banned. He set a 60-day deadline for the major
companies to prove they could keep their devices away from minors, and that timetable ends this
weekend.
At the same time, the F.D.A. also warned 1,100 retailers to stop selling the devices to minors,and
issues fines to some of them.
The latest actions follow months of meetings between the F.D.A. and e-cigarette makers over how
to prevent teenagers from getting hooked on their products.
Juul,which has more than 70 percent of the nation's e-cigarette market and has become
ubiquitous in many high schools and middle schools, submitted thousands of pages of marketing
documents and related materials. But the regulators, not satisfied, then visited the company's
San Francisco headquarters in September and seized more.
The four other products facing the 60-day deadline were RJR Vapor Co.'s Vuse, Imperial Brands'
blu and devices made by Logic. None of the companies responded to immediate requests for
comment.
RJR, Imperial and Altria are all major tobacco companies, which along with other industry
heavyweights have viewed e-cigarettes as critical to their survival now that smoking rates have
declined to their lowest levels in the United States.
In a new report,the Centers for Disease Control and Prevention said that the cigarette smoking
rate in the United States dropped to an estimated 14 percent of adults in 2017. That is a 67-percent
decline from 1965, when a national health survey began tracking smoking rates.
In a statement last week, Dr. Gottlieb said that some of the companies he had met with also
seemed to support raising the minimum age for buying tobacco products sales to 21 years.
Last year, Dr. Gottlieb gave the e-cigarette manufacturers five more years to meet standards that
they prove their products are a safe alternative to tobacco cigarettes.The agency is also
considering requiring lower levels of nicotine in cigarettes, although some companies have
questioned how much authority the F.D.A. has to impose tougher limits.
A version of this article appears in print on Nov.9,2018,on Page A21 of the New York edition with the headline: F.D.A.to Ban Sales of Most
Flavored E-Cigarettes in Stores
httpsHwww.nylimes.com12018/111081health/vaping-ocigarettes-fdahtml 2/2