TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and Possible Action Regarding Regulating Tobacco- and Vaping-Related Sales and Advertising
Recommended Action
Discussion and possible action related regarding tobacco- and vaping-related sales and advertising
Background Information
At the February 7, 2019 City Commission Special Meeting, Students Working Against Tobacco (SWAT) made a presentation to the City Commission, advocating that the City restrict the sale of tobacco to persons under the age of 21 and regulate the advertisement of tobacco on store windows and at the point-of-sale. The Commission took a consensus to:
1. Review Alachua County's regulations, have staff and legal meet with SWAT, and get information about how to implement the program; and
2. Have staff look into regulating advertising inside the building at point of sale.
The City Attorney's Office researched these issues and along with Assistant City Manager Branco, met with SWAT members and their sponsors. The attached memo addresses the legal aspects of the Commission's consensus, but in summary finds:
1. Authority to regulate tobacco-related sales and vaping: The State has not preempted the City's home-rule authority to regulate the sale of tobacco products or the use of vapor-generating devices. Thus, the City has the authority to regulate these areas.
2. Authority to regulate advertising: Regulations prohibiting the placement of advertisements related to tobacco products violate the First Amendment. Further, the Federal Cigarette Labeling and Advertising Act preempts the City from regulating advertising related specifically to cigarettes.
3. Alachua County and other jurisdictions' regulations:
a. Two Florida localities address the legal age for purchase - Alachua County and the City of Fort Lauderdale. Although adopted in January, the Alachua County ordinance does not take effect until October 22, 201...
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