2015-R-23 RESOLUTION 2015-R-23
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; URGING TOBACCO
RETAILERS TO STOP THE SALE AND MARKETING OF
FLAVORED TOBACCO PRODUCTS IN THE CITY OF
EDGEWATER, FL; PROVIDING FOR SEVERABILITY;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH and PROVIDING AN EFFECTIVE DATE.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States, and almost 90 percent of tobacco users smokers started before they were 18 years old,
and
WHEREAS, each day, more than 4,000 young people try smoking for the first time, and
another 2,000 youth become regular daily smokers, and
WHEREAS, the Florida Youth Tobacco Survey shows that 7.2 percent of middle
school students in Volusia County are current tobacco users, compared to 6.4 percent statewide;
and
WHEREAS, the Florida Youth Tobacco Survey shows that 21.0 percent of high school
students in Volusia County are current tobacco users, compared to 17.9 percent statewide; and
WHEREAS, the Surgeon General has concluded that tobacco advertising greatly
contributes to youth smoking rates, and
WHEREAS, an estimated one third of adolescent experimentation with smoking can be
directly attributed to tobacco advertising and promotional activities, and
WHEREAS, the Master Settlement Agreement (MSA) reached in 1998 between state
Attorneys General and major tobacco companies forbids cigarette manufacturers from directly
or indirectly targeting youth in advertising, marketing and promotion of tobacco products aimed
at initiating, maintaining or increasing youth smoking, and
WHEREAS, internal tobacco industry documents strongly suggest that manufacturers
intentionally target youth through use of candy-like flavors in tobacco products, and
WHEREAS, research from the Harvard School of Public Health (published November
2005) found that cigarette makers are targeting young smokers with new candy- and liqueur-
flavored brands that mask the harsh and toxic properties found in tobacco smoke. Tobacco
companies use youth-oriented colorful and stylish packaging, and exploit adolescents' attraction
to candy flavors with names such as "Mandarin Mint", "Winter Warm Toffee" and "Twista
Chill", and
WHEREAS, national studies have found that the vast majority of people who are using
these flavored tobacco products are youth and young adults, and
WHEREAS, research by the Students Working Against Tobacco youth and the Tobacco
Free Partnership of Volusia County shows that all of the local tobacco retailers surveyed in
Volusia County sell flavored tobacco products of various kinds, and
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Resolution #2015-R-23
WHEREAS, the Florida Youth Tobacco Survey shows that at least 80% of tobacco
obtained by youth in Volusia County is obtained through social sources, not direct, underage
purchases by the minors themselves and therefore existing age restrictions are inadequate
protection to keep these flavored products out of the hands of the their primary users,youth,and
WHEREAS, some of these tobacco products, specifically flavored cigars and blunts
wraps are also used as drug paraphernalia for the smoking of marijuana,and
WHEREAS, flavored tobacco products are defined as loose tobacco including snuff
flour, plug and twist tobacco, fine cuts, chewing tobacco, snus, shisha tobacco, smoking or
snuffing tobacco products, and all other kinds and forms of tobacco, including but not limited to
cigarettes, cigars, smokeless tobacco products and blunt wraps prepared in such a manner with
the purpose for chewing, inhaling, smoking or ingesting in any manner in which the product or
any of its component parts (including the tobacco, filter, or paper) contain, as a constituent
(including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or
menthol) or an herb or spice, including but not limited to, strawberry, grape, orange, clove,
cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol
flavors, that is a characterizing flavor of the tobacco product or tobacco smoke, and
WHEREAS, the attached list of community organizations have affirmed their support for
this measure and support a safe environment in which our youth can grow and prosper, free from
the influences of tobacco industry marketing and from addiction to tobacco,now therefore be it
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA,as follows:
Section 1. The Edgewater City Council urges all local retailers who sell tobacco
products to cease the sale and marketing of all flavored tobacco products, which are defined as
loose tobacco including snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus,
smoking or snuffing tobacco products, and all other kinds and forms of tobacco, including but
not limited to cigarettes, cigars, smokeless tobacco products and blunt wraps, prepared in such a
manner with the purpose for chewing, inhaling, smoking or ingesting in any manner which have
been flavored through the addition of natural or artificial flavorings, herbs, spices or other means
with flavors characterizing fruit, candy, alcohol or other similar flavorings with the exception
that menthol will not be included in this definition.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 3. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 4. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
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Resolution#2015-R-23
A motion to approve was made by Ceti , ",—Pcwei with Second by
Calliej hoz; , the vote on this resolution held on July 20, 2015 was as follows:
AYE NAY
Mayor Mike Ignasiak )C
Councilwoman Christine Power x
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary Conroy X
PASSED AND DULY ADOPTED this 20th day of July, 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
(Plc_.4-0A t B A4/
Bonnie . .zcun Mike Ign
City Clerk Mayor
s C
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 20th day of July,2015 under
Aaron R. Wolfe, Esquire Agenda Item No 8 2 .
City Attorney
Doran, Sims,Wolfe, Kundid,
Ciocchetti&Wagner
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Resolution#2015-R-23