(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC NICOTINE DISPENSING DEVICE. Any electronic or battery-operated device which can be used to deliver an inhaled dose of nicotine
or other substances and includes those composed of a mouthpiece, heating element, and battery or electronic circuits that provide a vapor of liquid nicotine and/or other substances to the user. This term shall include such devices whether they are manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, an e-pipe, a vaporizer, an electronic nicotine delivery system (ENDS) or under any other product name, and whether it is utilizing liquid nicotine or any other substance at the time of use by a person.
NICOTINE PRODUCT. Any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a:
(a) Tobacco product, as defined in F.S. § 569.002;
(b) Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act; or
(c) Product that contains incidental nicotine.
VAPE/VAPING. The act of inhaling or exhaling of vapor produced by an electronic nicotine dispensing device or possession of an electronic nicotine dispensing device while that device is actively producing vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of an electronic nicotine dispensing device.
(B) (1) Sale or distribution of electronic nicotine dispensing devices and nicotine products to persons under 21 years of age prohibited. It is unlawful for any person to sell, gift, deliver or otherwise transfer in a retail setting any electronic nicotine dispensing device or nicotine product, as defined by this section, to any person under the age of 21 years, or to a person who appears to be under the age of 27 years without first examining identification to confirm that the recipient is at least 21 years of age.
(2) It is unlawful for any person to sell, gift, deliver or otherwise transfer in a retail setting any products with names similar to, or which resemble illegal substances, such as, by way of example, but not limitation, "liqweed," "cocoa e-juice," and "hash oil e-juice," or similar names or descriptions to any person under 21 years of age or to a person who appears to be under the age of 27 years without first examining identification to confirm that the recipient is at least 21 years of age.
(C) Enforcement. This section may be enforced by any law or code enforcement officer of the city. Any electronic nicotine dispensing device or nicotine product, as defined by this section, may be seized and held by the city as evidence to be used in any further proceeding.
(D) Penalties for violation. Any person found guilty of violating this section, whether that individual is an adult or a minor, shall be subject to punishment in accordance with § 10.99. Repeated violations of this section may result in additional penalties including, but not limited to, an action to revoke a business license tax receipt.
(Ord. 1938, passed 11-13-19)