241 ORDINANCE NO. ______ _
2
3 An Ordinance prohibiting the sale of tobacco products that contain additives
4 that mask the natural characteristics of tobacco.
5
6 Whereas, on June 22, 2009, the president of the United States signed public law 111-31
7 titled Family Smoking Prevention and Tobacco Control Act in which the United States Congress
8 made findings off act concerning the dangers of tobacco use, all which is set forth as follows:
9 (1) The use of tobacco products by the Nation's children is a pediatric disease of
10 considerable proportions that results in new generations of tobacco-dependent children
11 and adults.
12 (2) A consensus exists within the scientific and medical communities that tobacco
13 products are inherently dangerous and cause cancer, heart disease, and other serious
14 adverse health effects.
15 (3) Nicotine is an addictive drug.
16 (4) Virtually all new users of tobacco products are under the minimum legal age to
17 purchase such products.
18 (5) Tobacco advertising and marketing contribute significantly to the use of nicotine-
19 containing tobacco products by adolescents.
20 (6) Because past efforts to restrict advertising and marketing of tobacco products have
21 failed adequately to curb tobacco use by adolescents, comprehensive restrictions on the
22 sale, promotion, and distribntion of such products are needed.
23 ****
24 (13) Tobacco use is the foremost preventable cause of premature death in America. It
25 causes over 400,000 deaths in the United States each year, and approximately 8,600,000
26 Americans have chronic illnesses related to smoking.
27 (14) Reducing the use of tobacco by minors by 50 percent would prevent well over
28 10,000,000 of today's children from becoming regular, daily smokers, saving over
29 3,000,000 of them from premature death due to tobacco-induced disease. Such a
30 reduction in youth smoking would also result in approximately $75,000,000,000 in
31 savings attributable to reduced health care costs.
Page 1 of6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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-tenn 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.
(19) 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.
****
Page 2 of6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(31) *** 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 playa 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 Canter 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
Page 3 of6
1 and Drug Administration for use or in consumers being misled about the harmfulness of
2 the product because of such regulation, inspection, approval, or compliance.
3 (47) In August 2006 a United States district court judge found that the major United
4 States cigarette companies continue to target and market to youth. USA v. Philip Morris,
5 USA, Inc., et al. (Civil Action No. 99-2496 (OK), August 17, 2006).
6 (48) In August 2006 a United States district court judge found that the major United
7 States cigarette companies dramatically increased their advertising and promotional
8 spending in ways that encourage youth to start smoking subsequent to the signing of the
9 Master Settlement Agreement in 1998. USA v. Philip Morris, USA, Inc., et al. (Civil
10 Action No. 99-2496 (OK), August 17,2006).
11 (49) In August 2006 a United States district court judge found that the major United
12 States cigarette companies have designed their cigarettes to precisely control nicotine
13 delivery levels and provide doses of nicotine sufficient to create and sustain addiction
14 while also concealing much of their nicotine-related research. USA v. Philip Morris,
15 USA, Inc., et al. (Civil Action No. 99-2496 (OK), August 17, 2006).
16
17 Whereas, the Mayor and City Commission desire to discourage the unhealthy practice of
18 smoking tobacco products and to help prevent the addiction to nicotine, especially ·to by young
19 people; and
20 Whereas, flavored tobacco products mask the harsh taste and flavor of tobacco products
21 and encourage people to use the product and to become addicted to the nicotine contained in
22 tobacco products.
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
25
26 Section 1: Chapter 12, Health and Sanitation, Aliicle I is hereby amended to add a new
27 section 12-21, titled Tobacco Control as follows:
28
29 "Section 12-21. Tobacco Control. The sale or possession with the intent to sell or for the
30 purpose of selling any tobacco products (including but not limited to snuff flour, plug and twist
31 tobacco, fine cuts, chewing tobacco, snus, shisha tobacco, smoking or snuffing tobacco,
32 cigarettes, cigars, smokeless tobacco products and blunt wraps prepared in such a manner
33 and with the purpose of ingesting tobacco or nicotine by chewing, inhaling or smoking)
34 that contain any additional substance ("additive") , including but not limited to natural or
35 artificial favoring (other than tohacco or menthol) that masks or reduces the natural
36 characteristics of tobacco by affecting its favor, smell or taste, is hereby prohibited.
Page 4 of6
1 (a) An offender of this ordinance shall be given a warning citation for the first offense.
2 An offender inclndes the person who sells the product as well as his or her employer and
3 all persons who control the individual who sells or who has custody or control of the
4 product with the intent to sell or for the purpose of selling the prohibited product. A
5 person includes individuals, legal entities and all persons or groups of people (such as
6 associations) or who have control of the person who violates this ordinance.
7 (b) An offender who violates this ordinance a second time, after being given a warning
8 for the first offense, shall be fined in the amount as set forth in the City's Fee Schedule
9 for a violation of this ordinance.
10 (c) An offender, who violates this ordinance three (3) times or more, shall be fined
11 three (3) times the amount that is set forth in the City's Fee Schedule for a violation of
12 this ordinance.
13 (d) The fine imposed by this ordinance shall be enforced in accordance with the
14 procedure set forth in section 2-25. of the City's Code of Ordinances, where
15 applicable.
16
17 Section 1: Codification. The provisions of this ordinance shall become and be made
18 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
19 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
20 "ordinance" may be changed to "section" or other appropriate word.
21
22 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is
23 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
24 shall not affect the validity of the remaining portions of this ordinance.
25
26 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all section
27 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
28 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
29 appearance of being in conflict when the two ordinances can be harmonized or when only a
30 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
31 ordinance in conflict can be hmmonized by amending its terms, it is hereby amended to
32 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
33 harmonize the two ordinances shall be repealed.
34
35 Section 4. Effective Date. This ordinance shall become effective upon enactment.
36
37
38
39
40
41
42
43
44-
45
46
PASSED AND ENACTED this __ day of _____ , 2011.
ATTEST:
CITY CLERK
I" Reading
2nd Reading
Page 5 of6
APPROVED:
MAYOR
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
w:\my documents\rcsolutions\ordinance banning flavored tobacco products-2 revised Il-JO-ll.doc
Page 6 of6