Ord No 41-11-2114ORDINANCE NO. 41-11-2114
An Ordinance prohibiting the sale of tobacco products that contain additives
that mask the natural characteristics of tobacco.
Whereas, on June 22, 2009, the president of the United States signed public law 111 -31
titled Family Smoking Prevention and Tobacco Control Act in which the United States Congress
made findings of fact concerning the dangers of tobacco use, all which is set forth as follows:
(1) The use of tobacco products by the Nation's children is a pediatric disease of
considerable proportions that results in new generations of tobacco - dependent children
and adults.
(2) A consensus exists within the scientific and medical communities that tobacco
products are inherently dangerous and cause cancer, heart disease, and other serious
adverse health effects.
(3) Nicotine is an addictive drug.
(4) Virtually all new users of tobacco products are under the minimum legal age to
purchase such products.
(5) Tobacco advertising and marketing contribute significantly to the use of nicotine-
containing tobacco products by adolescents.
(6) Because past efforts to restrict advertising and marketing of tobacco products have
failed adequately to curb tobacco use by adolescents, comprehensive restrictions on the
sale, promotion, and distribution of such products are needed.
(13) Tobacco use is the foremost preventable cause of premature death in America. It
causes over 400,000 deaths in the United States each year, and approximately 8,600,000
Americans have chronic illnesses related to smoking.
(14) Reducing the use of tobacco by minors by 50 percent would prevent well over
10,000,000 of today's children from becoming regular, daily smokers, saving over
3,000,000 of them from premature death due to tobacco - induced disease. Such a
reduction in youth smoking would also result in approximately $75,000,000,000 in
savings attributable to reduced health care costs.
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Ord, No, 41 -11 -2114
(15) Advertising, marketing, and promotion of tobacco products have been especially
directed to attract young persons to use tobacco products, and these efforts have resulted
in increased use of such products by youth. Past efforts to oversee these activities have
not been successful in adequately preventing such increased use.
(16) In 2005, the cigarette manufacturers spent more than $13,000,000,000 to attract
new users, retain current users, increase current consumption, and generate favorable
long -term attitudes toward smoking and tobacco use.
(17) Tobacco product advertising often misleadingly portrays the use of tobacco as
socially acceptable and healthful to minors.
(18) Tobacco product advertising is regularly seen by persons under the age of 18,
and persons under the age of 18 are regularly exposed to tobacco product promotional
efforts.
(1.9) Through advertisements during and sponsorship of sporting events, tobacco has
become strongly associated with sports and has become portrayed as an integral part of
sports and the healthy lifestyle associated with rigorous sporting activity.
(20) Children are exposed to substantial and unavoidable tobacco advertising that
leads to favorable beliefs about tobacco use, plays a role in leading young people to
overestimate the prevalence of tobacco use, and increases the number of young people
who begin to use tobacco.
(21) The use of tobacco products in motion pictures and other mass media glamorizes
its use for young people and encourages them to use tobacco products.
(23) Children are more influenced by tobacco marketing than adults: more than 80
percent of youth smoke three heavily marketed brands, while only 54 percent of adults,
26 and older, smoke these same brands.
(24) Tobacco company documents indicate that young people are an important and
often crucial segment of the tobacco market. Children, who tend to be more price
sensitive than adults, are influenced by advertising and promotion practices that result in
drastically reduced cigarette prices.
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Ord. No. 41 -11 -2114
(3 1) * * * An overwhelming majority of Americans who use tobacco products begin
using such products while they are minors and become addicted to the nicotine in those
products before reaching the age of 18. Tobacco advertising and promotion play a crucial
role in the decision of these minors to begin using tobacco products. * * **
(33) Tobacco dependence is a chronic disease, one that typically requires repeated
interventions to achieve long -term or permanent abstinence.
(34) Because the only known safe alternative to smoking is cessation, interventions
should target all smokers to help them quit completely.
* * * **
(38) As the National Cancer Institute has found, many smokers mistakenly believe
that 'low tar' and 'light' cigarettes cause fewer health problems than other cigarettes. As
the National Cancer Institute has also found, mistaken beliefs about the health
consequences of smoking 'low tar' and 'light' cigarettes can reduce the motivation to quit
smoking entirely and thereby lead to disease and death.
(39) Recent studies have demonstrated that there has been no reduction in risk on a
population -wide basis from 'low tar' and light' cigarettes, and such products may
actually increase the risk of tobacco use.
* * **
(41) As the Federal Trade Commission has found, consumers have misinterpreted
advertisements in which one product is claimed to be less harmful than a comparable
product, even in the presence of disclosures and advisories intended to provide
clarification.
* * **
(46) If manufacturers state or imply in communications directed to consumers
through the media or through a label, labeling, or advertising, that a tobacco product is
approved or inspected by the Food and Drug Administration or complies with Food and
Drug Administration standards, consumers are likely to be confused and misled.
Depending upon the particular language used and its context, such a statement could
result in consumers being misled into believing that the product is endorsed by the Food
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Ord, No, 41 -11 -2114
and Drug Administration for use or in consumers being misled about the harmfulness of
the product because of such regulation, inspection, approval, or compliance.
(47) In August 2006 a United States district court judge found that the major United
States cigarette companies continue to target and market to youth. USA v. Philip Morris,
USA, Inc., et al. (Civil Action No. 99 -2496 (GK), August 17, 2006).
(48) In August 2006 a United States district court judge found that the major United
States cigarette companies dramatically increased their advertising and promotional
spending in ways that encourage youth to start smoking subsequent to the signing of the
Master Settlement Agreement in 1998. USA v. Philip Morris, USA, Inc., et al. (Civil
Action No. 99 -2496 (GK), August 17, 2006).
(49) In August 2006 a United States district court judge found that the major United
States cigarette companies have designed their cigarettes to precisely control nicotine
delivery levels and provide doses of nicotine sufficient to create and sustain addiction
while also concealing much of their nicotine - related research. USA v. Philip Morris,
USA, Inc., et al. (Civil Action No. 99 -2496 (GK), August 17, 2006).
Whereas, the Mayor and City Commission desire to discourage the unhealthy practice of
smoking tobacco products and to help prevent the addiction to nicotine, especially to by young
people; and
Whereas, flavored tobacco products mask the harsh taste and flavor of tobacco products
and encourage people to use the product and to become addicted to the nicotine contained in
tobacco products.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Chapter 12, Health and Sanitation, Article I is hereby amended to add a new
section 12 -21, titled Tobacco Control as follows:
"Section 12 -21. Tobacco Control. The sale or possession with the intent to sell or for the
purpose of selling any tobacco products (including but not limited to snuff flour, plug and twist
tobacco, fine cuts, chewing tobacco, snus, shisha tobacco, smoking or snuffing tobacco,
cigarettes, cigars, smokeless tobacco products and blunt wraps prepared in such a manner
and with the purpose of ingesting tobacco or nicotine by chewing, inhaling or smoking)
that contain any additional substance ( "additive ") , including but not limited to natural or
artificial favoring (other than tobacco or menthol) that masks or reduces the natural
characteristics of tobacco by affecting its favor, smell or taste, is hereby prohibited.
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Ord. No. 41 -11 -2114
(a) An offender of this ordinance shall be given a warning citation for the first offense.
An offender includes the person who sells the product as well as his or her employer and
all persons who control the individual who sells or who has custody or control of the
product with the intent to sell or for the purpose of selling the prohibited product. A
person includes individuals, legal entities and all persons or groups of people (such as
associations) or who have control of the person who violates this ordinance.
(b) An offender who violates this ordinance a second time, after being given a warning
for the first offense, shall be fined in the amount as set forth in the City's Fee Schedule
for a violation of this ordinance.
(c) An offender, who violates this ordinance three (3) times or more, shall be fined
three (3) times the amount that is set forth in the City's Fee Schedule for a violation of
this ordinance.
(d) The fine imposed by this ordinance shall be enforced in accordance with the
procedure set forth in section 2 -25, of the City's Code of Ordinances, where
applicable.
Section 1: Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all section
and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
appearance of being in conflict when the two ordinances can be harmonized or when only a
portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 4. Effective Date. This ordinance shall become effective three months after
enactment.
PASSED AND ENACTED this 6th day of December , 2011.
ATTEST:
CITE' CLERK
1St Reading - 1 1/ 15 /1 1
2nd Reading- 12/6/11
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Ord. No. 41 -11 -2114
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley
Commissioner Palmer:
Commissioner Harris:
wArny documents \resolutions \ordinance banning flavored tobacco products -2 revised 11 -10 -1 Ldoc
Page 6 of 6
4 -0
Yea
absent
Yea
Yea
Yea
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 1216/2011
in the XXXX Court,
was published in said newspaper in the issues of
11/25/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legaf Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither d any person, firm or corporation
any di a ate, commissio or refund for the purpose
of se. s"adve#isement to publication in the said
Sworn subscribed before me this
25 da of NOVEMB , A.D. 2011
(SEAL)
MARIA MESA personally known to me
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