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FL Tobacco Discussion
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Getting http://www.scri.fsu.edu/fla-leg/statutes/1993/CHAPTER_569.html
Florida Statutes (Full Volume 1993): CHAPTER 569 (p1 of 16
Florida Statutes (Full Volume 1993)
CHAPTER 569: TOBACCO PRODUCTS PERMITS
569.002 DEFINITIONS. ---
As used in ss. 569.002-569.009, the term:
(1)"Dealer" is synonymous with the term "retail tobacco products
dealer."
(2)"Division" means the Division of Alcoholic Beverages and Tobacco
of the [Footnote 1] Department of Business Regulation.
(3)"Permit" is synonymous with the term "retail tobacco products
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dealer permit."
(4)"Retail tobacco products dealer" means the holder of a retail
tobacco products dealer permit.
(5)"Retail tobacco products dealer permit" means a permit issued by
the division pursuant to s. 569.003.
(6)"Tobacco products" includes loose tobacco leaves, and products
made from tobacco leaves, which can be used for smoking, sniffing, or
chewing. History:s. 2, ch. 92-285. [Footnote 1] Note. Abolished and
duties transferred to the Department of Business and Professional
Regulation by s. 2, ch. 93-220.
569.003 RETAIL TOBACCO PRODUCTS DEALER PERMITS; APPLICATION; QUALIFICATIONS;
FEES; RENEWAL; DUPLICATES. ---
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(1)
(a) Each person, firm, association, or corporation that seeks to
deal, at retail, in tobacco products within this state, or to allow a
tobacco products vending machine to be located on its premises in this
state, must obtain a retail tobacco products dealer permit for each
place of business or the premises where tobacco products are sold.
Each retail dealer owning, leasing, furnishing, or operating vending
chines through which tobacco products are sold must obtain a permit
for each machine and shall post the permit in a conspicuous place on
or near the machine; however, if the dealer has more than one vending
machine at a single location or if tobacco products are sold both over
the counter and through a vending machine at a single location, the
dealer need obtain only one permit for that location.
(b) Application for a permit must be made on a form furnished by the
division and must set forth the name under which the applicant
transacts or intends to transact business, the address of the location
of the applicant's place of business within the state, and any other
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information the division requires. If the applicant has or intends to
have more than one place of business dealing in tobacco products
within this state, a separate application must be made for each place
of business. If the applicant is a firm or an association, the
application must set forth the names and addresses of the persons
constituting the firm or association; if the applicant is a
corporation, the application must set forth the names and addresses of
the principal officers of the corporation. The application must also
set forth any other information prescribed by the division for the
purpose of identifying the applicant firm, association, or
corporation. The application must be signed and verified by oath or
affirmation by the owner, if a sole proprietor, or, if the owner is a
firm, association, or partnership, by the members or partners thereof,
or, if the owner is a corporation, by an executive officer of the
corporation or by any person authorized by the corporation to sign the
application, together with the written evidence of this authority. The
application must be accompanied by the annual permit fee prescribed by
the division.
© Permits shall be issued annually, beginning January 15, 1993, upon
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payment of the annual permit fee prescribed by the division. The
division shall fix the fee in an amount sufficient to meet the costs
incurred by it in carrying out its permitting, enforcement, and
administrative responsibilities under ss. 569.002-569.009, but the fee
may not exceed $50. The proceeds of the fee shall be deposited into
the Alcoholic Beverage and Tobacco Trust Fund.
(d) The holder of a permit may renew the permit each year, on or
before January 15, upon payment of the annual permit fee. A dealer
that does not timely renew its permit must pay a delinquent renewal
fee of $5 for each month or portion of a month occurring after
expiration, and before renewal, of the dealer's permit. The division
shall establish, by rule, a renewal procedure that, to the greatest
extent feasible, combines the application and permitting procedure for
permits with the application and licensing system for alcoholic
beverages.
(e) The division may not grant an exemption from the permit fees
prescribed in this subsection for any applicant.
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(2)
(a) Permits may be issued only to persons who are 18 years of age or
older or to corporations the officers of which are 18 years of age or
older.
(b) The division may refuse to issue a permit to any person, firm,
association, or corporation the permit of which has been revoked, to
any corporation an officer of which has had his permit revoked, or to
any person who is or has been an officer of a corporation the permit
of which has been revoked. Any permit issued to a firm, association,
or corporation prohibited from obtaining a permit under this sect
be revoked by the division.
(3) Upon approval of an application for a permit, the division shall
issue to the applicant a permit for the place of business or premises
specified in the application. A permit is not assignable and is valid
only for the person in whose name the permit is issued and for the
lace designated in the permit. The permit shall be conspicuously
displayed at all times at the place for which issued.
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(4)If a permit has been destroyed or lost, the dealer may apply to
the division for the issuance of a duplicate permit. The division
shall issue a duplicate permit upon payment of a $15 fee, which the
division shall deposit into the Alcoholic Beverage and Tobacco Trust
Fund. History:s. 3, ch. 92-285.
569.004 CONSENT TO INSPECTION AND SEARCH WITHOUT WARRANT. ---
An applicant for a permit, by accepting the permit when issued, agrees
that the place or premises covered by the permit is subject to
inspection and search without a search warrant by the division or its
authorized assistants, and by sheriffs, deputy sheriffs, or police
officers, to determine compliance with ss. 569.002-569.009 and ss.
859.06 and 859.061. History: s. 4, ch. 92-285.
569.005 OPERATING WITHOUT A RETAIL TOBACCO PRODUCTS DEALER PERMIT; PENALTY.
---
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(1) It is unlawful for a person, firm, association, or corporation to
deal, at retail, in tobacco products, in any manner, or to allow a
tobacco products vending machine to be located on its premises,
without having a retail tobacco products dealer permit as required by
s. 569.003. A person who violates this section is guilty of a
noncriminal violation, punishable by a fine of not more than $500.
(2) Any person who violates this section shall be cited for such
frahall be cited to appear before the county court. The
citation may indicate the time, date, and location of the scheduled
hearing and must indicate that the penalty for a noncriminal violation
is a fine of not more than $500.
(3) A person cited for an infraction under this section may:
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(a) Post a $500 bond; or
(b) Sign and accept the citation indicating a promise to appear.
(4)
(a) A person cited with violating this section may: 1. Pay the $500
fine, either by mail or in person, within 10 days after receiving the
citation; or 2. If that person has posted a bond, forfeit the bon
not appearing at the scheduled hearing.
(b) If the person cited pays the $500 fine or forfeits the bond, that
person is deemed to have admitted violating this section and to have
waived the right to a hearing on the issue of commission of the
violation. Such admission may not be used as evidence in any other
proceeding.
(5)The court, after a hearing, shall make a determination as to
whether an infraction has been committed. If the commission of an
infraction has been proven beyond a reasonable doubt, the court may
Florida Statutes (Full Volume 1993): CHAPTER 569 (p10
impose a civil penalty in an amount that may not exceed $500.
(6)If a person is found by the court to have committed the
infraction, that person may appeal that finding to the circuit court.
History:s. 5, ch. 92-285.
569.006 RETAIL TOBACCO PRODUCTS DEALERS; ADMINISTRATIVE PENALTIES. ---
The division may suspend or revoke the permit of the dealer upon
sufficient cause appearing of the violation of any of the provisions
of s. 569.003, s. 569.005, s. 569.007, s. 859.06, or s. 859.061, by a
dealer or by a dealer's agent or employee. The division may also
assess and accept administrative fines of up to $1,000 against a
dealer for each violation. The division shall deposit all fines
collected into the General Revenue Fund as collected. An order
imposing an administrative fine becomes effective 15 days after the
date of the order. The division may suspend the imposition of a
penalty against a dealer, conditioned upon the dealer's compliance
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with terms the division considers appropriate. History:s. 6, ch.
92-285.
569.007 SALE OR DELIVERY OF TOBACCO PRODUCTS; RESTRICTIONS. ---
(1)The sale or delivery of tobacco products through a vending machine
is prohibited in order to prevent persons under 18 years of age from
purchasing or receiving tobacco products through the use of such
machines unless the machine is located within the unobstructed line of
sight of a dealer or a dealer's agent or employee who is responsible
for preventing persons under 18 years of age from purchasing tobacco
products through that machine.
(2) A dealer or a dealer's agent or employee may require proof of age
of a purchaser of a tobacco product before selling the product to that
rson.
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(3) A wholesale dealer or distributing agent, as those terms are
defined in [Footnote 1] s. 210.01, or a distributor, as defined in s.
210.25, may sell or deliver tobacco products only to dealers who have
permits. History:s. 7, ch. 92-285. [Footnote 1] Note. Substituted by
the editors for a reference to s. 201.01 to correct an apparent
typographical error.
569.008RESPONSIBLE RETAIL TOBACCO PRODUCTS DEALERS; QUALIFICATIONS;
MITIGATION OF DISCIPLINARY PENALTIES. ---
(1) The Legislature intends to prevent the sale of tobacco products to
underage persons and to encourage retail tobacco products dealers to
comply with responsible practices in accordance with this section.
(2) To qualify as a responsible retail tobacco products dealer, the
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dealer must establish and implement procedures designed to ensure that
the dealer's employees comply with ss. 569.002-569.009 and s. 859.06.
The dealer must provide a training program for the dealer's employees
which addresses the use and sale of tobacco products and which
includes at least the following topics:
(a) Laws covering the sale of tobacco products.
(b) Methods of recognizing and handling underage customers.
© Procedures for proper examination of identification cards in order
to verify that customers are not underage.
(d) The use of the age audit identification function on electronic
point-of-sale equipment, where available.
(3) In determining penalties under s. 569.005, the division may
mitigate penalties imposed against a dealer because of an employee's
illegal sale of a tobacco product to a person under 18 years of age if
the following conditions are met:
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(a) The dealer is qualified as a responsible dealer under this
section.
(b) The dealer provided the training program required under subsection
(2) to that employee before the illegal sale occurred.
© The dealer had no knowledge of that employee's violation at the
time of the violation and did not direct, approve, or participate in
the violation.
(d) If the sale was made through a vending machine, the machine was
equipped with an operational lock-out device.
(4) The division shall develop and make available a model tobacco
products training program designed to ensure adherence to this act by
dealers and their employees which, if followed, will qualify dealers
as responsible dealers. History: s. 8, ch. 92-285.
569.009 RULEMAKING AUTHORITY. ---
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The division shall adopt any rules necessary to administer and enforce
ss. 569.002-569.009. History: s. 9, ch. 92-285.
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