92-O-08
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ORDINANCE NO. 92-0-08
AN ORDINANCE AMENDING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA, BY
ADDING SECTION 12-5 (PROHIBITING SALE OF
CIGARETTES IN AUTOMATIC VENDING MACHINES
WHERE MINORS PERMITTED); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. The Surgeon General of the united States has determined
that smoking cigarettes is a public health hazard.
2. Section 859.06, Florida Statutes, prohibits the sale of
tobacco products to minors.
3.
The
location
of
cigarette
vending
machines
in
establishments where minors are permitted may result in the illegal
sale of cigarettes to minors.
4. Prohibiting the sale of cigarettes in automatic vending
machines located in establishments where minors are permitted will
reduce the potential for the illegal sale of cigarettes to minors.
5. It is in the best interest of the health, safety and
welfare of the children of the City of Edgewater to prohibit the
sale of cigarettes in vending machines in establishments where
minors are permitted.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDMENT OF CHAPTER 12 (OFFENSES AND MISCELLANEOUS
PROCEDURES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA,
BY ADDING SECTION 12-5.
Section 12-5 is hereby added to read as follows:
Section 12-5. Prohibitinq Sale of Cigarettes in Automatic Vendinq
Machines Where Minors Permitted
Ciqarettes shall not be sold in automatic vending machines in
establishments where minors are permitted.
It shall be unlawful
for any person to place or allow the placement of an automatic
vendinq machine from which ciqarettes are sold in any establishment
where minors are permitted.
PART B.
CONFLICTING PROVISION.
All conflicting ordinances and resolutions, or parts thereof
'W' ....,
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of Ordinances of the City of Edgewater, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention; provided,
however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect on August 1, 1992.
PART F.
ADOPTION.
After Motion by Councilperson Gillespie and Second by
Councilman Hays, the vote on the first reading of this ordinance
held on June 1, 1992, was as follows:
Mayor Tanya B. Wessler
AYE
Councilman Kirk Jones
AYE
Councilperson Louise Martin
AYE
Councilperson NoraJane Gillespie
AYE
Councilman Michael Hays
AYE
After Motion by Councilperson Gillespie and Second by
Councilperson Martin, the vote on the second reading of this
ordinance was as follows:
Mayor Tanya B. Wessler
AYE
Councilman Kirk Jones
AYE
Councilperson Louise Martin
AYE
Struck through passages are deleted.
Underlined passages are added.
92-0-08
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Councilperson NoraJane Gillespie AYE
Councilman Michael Hays AYE
PASSED AND DULY ADOPTED this 6th day of July, 1992.
CITY COUNCIL OF THE
CITY OF EDGENATER, FLORIDA
By.
Tanya B. ss er
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
A,
R ista A. torey
City Attorney
••-'e-a -�athreugh passages are deleted.
Underlined passages are added.
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