1313
1 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 of fact 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 distribution 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 10f6
1 (15) Advertising, marketing, and promotion of tobacco products have been especially
2 directed to attract young persons to use tobacco products, and these efforts have resulted
3 in increased use of such products by youth. Past efforts to oversee these activities have
4 not been successful in adequately preventing such increased use.
5 (16) In 2005, the cigarette manufacturers spent more than $13,000,000,000 to attract
6 new users, retain current users, increase current consumption, and generate favorable
7 long-term attitudes toward smoking and tobacco use.
8 (17) Tobacco product advertising often misleadingly portrays the use of tobacco as
9 socially acceptable and healthful to minors.
10 (18) Tobacco product advertising is regularly seen by persons under the age of 18,
11 and persons under the age of 18 are regularly exposed to tobacco product promotional
12 efforts.
13 (19) Through advertisements during and sponsorship of sporting events, tobacco has
14 become strongly associated with sports and has become portrayed as an integral part of
15 sports and the healthy lifestyle associated with rigorous sporting activity.
16 (20) Children are exposed to substantial and unavoidable tobacco advertising that
17 leads to favorable beliefs about tobacco use, plays a role in leading young people to
18 overestimate the prevalence of tobacco use, and increases the number of young people
19 who begin to use tobacco.
20 (21) The use of tobacco products in motion pictures and other mass media glamorizes
21 its use for young people and encourages them to use tobacco products.
22 ****
23 (23) Children are more influenced by tobacco marketing than adults: more than 80
24 percent of youth smoke three heavily marketed brands, while only 54 percent of adults,
25 26 and older, smoke these same brands.
26 (24) Tobacco company documents indicate that young people are an important and
27 often crucial segment of the tobacco market. Children, who tend to be more price
28 sensitive than adults, are influenced by advertising and promotion practices that result in
29 drastically reduced cigarette prices.
30 ****
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 pennanent 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
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 fOlU1d that the major United
4 States cigarette companies continue to target and market to youth. USA v. Philip Morris,
5 USA, Inc., et a!. (Civil Action No. 99-2496 (GK), 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 a!. (Civil
10 Action No. 99-2496 (GK), 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 a!. (Civil Action No. 99-2496 (GK), 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, Article 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 tobacco 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 includes 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 hannonized 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 hannonized by amending its tenus, 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 three months after
36 enactment.
37
38
39
40
41
42
43
44
45
PASSED AND ENACTED this _ day
ATTEST:
CITY CLERK
1st Reading
2nd Reading
_____ , 2011.
APPROVED:
MAYOR
Page 5 of6
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 documcnts\resolutions\ordinance banning flavored tobacco products-2 revised 11-10-11.doc
Page 6 of6
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miaml.Dade,County, FlorIda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says Ihal 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 Miaml~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 12/6/2011
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 Legal 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 pubHcation of the
attached copy of advertisement; and affiant further says that he or
she has neither R . . ed any person, firm or corporation
any discou ate, commissio or refund for the purpose
of se . 'sement fo ublication in the said
wspaper.
subscribed before me this
2011
(SEAL)
MARIA MESA personally known to me
B. THOMMl
Commission II DD 937532
Expires NO\i>;mber 2, 2013
Bonded I!W '[ (I))' t'~in !n~'Ufanoo SQI).3a5·7019
THE MI~!.'1JJ!,~RALD ! Mjam[H~~~~~~ ________ ~~,_._~~~~ ___ "~ ___ ~~ __ .,_~____ ,,~ ___ ~.~ .. ~ __ ~~,_,~,"_,?_~~,,2.l!,ND~~c-NOVEMBE~ 2~!, 2011 1._43S~
NEIGHBORS CALENDAR
• CALENDAR, FROM 42SE
every first W'2dnesday of each
month.
'English Alzheimer's Teiep!1One
Support Group: Regist'2r for next
eight-week session.
'caregiver Support Group: Regis-
ter for next eight-week session~
1 p.m. Dec. 7. Caregiver Resourcl!
Cent€f, 8400 NW. 33rd St. Suite
4-00,. Free. 305·716-0710.
www.unitedhomecare.com.
Venetian Pool: A Venetian-style
lagoon carved out of coral rock, this
historic landmark and S\vimming
pool features caves, stone bridges
and waterfalls ..
10 a.m. Nov. 27. Venetian Pool,
2701 De Soto Blvd .. Coral Gables.
admission is $11, $73S kids 3-12; Coral
Gables residents: $6.30, $3.95 kids
3·12. Kids 2 and under are not
allowed in the pool. 30S-460-5306.
'Nww.coraigablesyenetianpool.com.
Vision launch: launchmyvisicn.ccm
is hosting a grcundbreaking event
providing a platform for leaders,
artists, musicians, and entrepreneurs
to put their visions in motion by
sharing them with hundreds of
like-minded individuals ..
6 p.m. Dec. 10. Damien B. Contem-
porary Art Center, 282 NW 36th St"
Wynwood. Free. 30S-494·5634.
vA'lW.!aunchmyvision.com.
Wings Over Miami Air Museum:
Displays WWIl aircraft, artifacts and
memorabilia; 10 a.m.-5 p.m. Wednes-
day·Saturday and noon-s p.m.
Sunday; Monday and Tuesday closed.
10 a.m. Nov. 27. 'Mngs Over Miami
Air Museum, 14710 SW 128th St.,
Kendall, $10, S7 Seniors 61 and uP. $6
kids 12 and under. 30S·233~S197.
www.wingsovermiaml.com.
)'oga Meditation Class: learn a
simple, effective way to meditate.
light yoga and relaxation are part of
dass. Instroctor. lawrence Huff ..
10:30 a.m. Dec. 1'7. Coral Gables
Branch library, 3443 Segovia St"
Cora! Gab!es. free. 305-926-3578.
ilovemeditaUon.net.
Yoga and Meditation Class: Contact
Lawrence Huff for more information.
7 p.m. Dec. 7. West Dade Regional
Library, 9445 Coral Way,. free.
305·926-3S78. ilcvemeditation.net.
Yoga by the Sea at The Barnacle;
Restorative yoga practice, class for
al! 1€V€ls and is held on grassy front
lawn of The Barnacle overlooking
~ .. '
. ~ .. ,:---, . " ,
Biwlyne Bay.!n case of rain, class
meets in the t'-licco Pavilion. Bring
mat, blOCKS and a strap ..
6 p.m. Nov. 28. The Barnacle
Historic State Par.<, 3485 Main Hwy.,
Coconut Grove. $13 per class; in-
dudes park entrance fee, limited
parking inside par',<, carpooling
recommended.
floridastateparks.orgJthebarnacle{
DANCE
A Whovllle Christmas I Maria
Verdeja Scholl Of The Arts:
7;30 p.m. Dec. 8. Miami~Dade
County Auditorium, 2901 W. Flagler
St, West little Havana. $24.
Alvin Alley American Dance
Theatre:
8 p.m. Feb. 23. Knight Concert Han
At The Adrienne Arsh\ Center, 1300
Biscayne Blvd., Media and Entertain-
ment District
Ballroom Dance: BaUroom dancing
lessons will b€ held every monday to
OJ Victor's "Gotta Dance Music".
Inc!udes mixers, line danceS and
refreshments ..
7 p.m. Nov. 28. St Matthews
Episcopal Church, 7410 Sunset Drive,
South Miami. $2 Suggested Dona-
tion. 305-667~7715.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will
conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday.
December 6. 2011. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, to consider the following item{s}:
An Ordinance amending the Land Development Code to create a new Article Xl, titled
"Historic Preservation Regulations" and to place all current regulations pertaining to
historic preservation into Article XI; amending Section 20fi 8.1 (D) to change the procedure
and criteria for appointing Historic Preservation Board members; amending all regulations
pertaining to historic preservation found in Sections 20+4.9, 20~4.11, 20~5.17, 20~5.18
and 20-5.19 to update the wording, modifying certain provisions re!ated to the guidellnes
concerning historic preservation designation, amending historic designation report
elements, amending the procedure for issuance of a demolition permit and appropriately
renumbering all of these Sections for inclusion in Article XI. \
An Ordinance prohibiting the sale of tobacco products that contain additives that maSk)
the natural characteristics of tobacco.
A Resolution to execute a 36 month lease agreement with Oce' North America, through
the State of Florida Contract #600~000-11-1, for Canon copier equipment, service, and
selected supplies for the "City of South Mjami.~
ALL interested parties are invited to attend and wI!! be heard.
For further information, please contact the City Clerk's Office at: 305-663~6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the publiC that if a person decides to appeal any
decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or
hearing, he or she \\1m need a record of the proceedings, and that fer such purpose, affected person may need
to ensure that a verbatim record of the proceedings is made which reccrd includes the testimony and evidence
upon which the appeal is to be based.
CITY OF OPA-LOCKA
RFP NO: 1101912100
CITYWIDE SIDEWALK REHABILITATION AND CONSTRUCTION
Proposals for Cfty\-'1ide Sidewalk Rehabilitation and Construction will be received by the City of
Opa·locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa~!ocka, Florida 33054,
Monday. December 19, 2011 at 1 :00 PM. Any proposals received after the designated closing time will
be returned unopened.
The purpose of this Request for Proposals is to seek service of a qualified professional contractor to
provide construction services to the City of Opa-Iocka for the repair and/or replacement and construction
of sidewalk throughout the City.
A mandatory pre-bid meeting wi!! be held on Tuesday. Oecember13, 2011 at 10:00 AM at 780 Fisherman
Street, 2nd floor, Opa~!ocka, F! 33054.
An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of
the proposal shall be submitted in sea!ed envelopes/packages addressed to Deborah S. Imy, City Clerk,
City of Opafilocka, Florida, and marked Citywide Sidewalk Rehabilitation and Construction. Proposers
desiring information for use in preparing proposals may obtain a set of such documents from the
Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Iocka, Florida 33054, Telephone (305) 953-2868 or
copies of the RFP NO; 11~ 1912100 requirements may also be obtained by visiting the City's website at
www.opalockafLgov, (click ~RFa /PROPOSALS" located on the rignt hand side of the screen and foffow
the instructions).
The City reserves the right to accept or reject any and aU proposals and to waive any technicalities or
irregularITies therein. The City further reserves the right to award the contract to that proposer whose
proposal best complies with the RFP NO: 11 ~ 1912100 requirements. Proposers may not withdraw their
proposal for a period of ninety (90) days from the date set for the opening thereof.
Deborah S.lrby, CMC
City Clerk
CITY OF OPA-LOCKA
RFP NO: 11-2012100
NW 143 Street Drainage and Roadway
Improvements
Proposals for NW 143 Street Drainage and Roadway Improvements will be received by the
City of Opa.~locka at the Office of the· City Clerk, 780 Fisherman Street, 4t~ Floor, Opa~locka,
Florida 33054, Tuesday December 20. 2011 by 1 ;00 p.m. Any proposals received after the
designated closing time wi!! be returned unopened.
The purpose of this Request for Proposals is to seek service of a qualified professional
contractor to provide construction services to the City of Opa~locka for NW 143 Street
Drainage and Roadway Improvements.
A mandatory Pre~8id meeting is scheduled for Thursday December 15 2011 at 10:00 AM
780 Fisherman Street, 2nd Floor, Opa-locka, FL 33054.
An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in
PDF format of the proposal shall be submitted in sealed envelopes/packages addressed
to Deborah S. lrby, City Clerk, City of Opa~locka, Florida, and marked NW 143 Street
Drainage and Roadway Improvements. Proposers desiring information for use in
preparing proposals may obtain a set of such documents from the Clerk's Office,
780 Fisherman Street, 4:11 Floor, Opa~locka, Florida 33054, Telephone (305) 953~2800 or copies
of the RFP NO: 11-2012100 requirements may also be obtained by visiting the City's website
at WW'N.opalockafl.gov, (click "RFQIPROPOSALS" located on the right hand side of the
screen and follow the instructions),
The City reserves the right to accept or reject any and all proposals and to waive any
technicalities or irregularities therein. The City further reserves the right to award the contract
to that proposer whose proposal best complies with the AFP NO; 11-2012100 requirements.
Proposers may not withdraw their proposal for a period of ninety (90) days from the date set
for the opening thereof.
Deborah S. Irby, CMC
City Clerk