Ordinance 1149 raises the minimum age to purchase tobacco products from 18 to 21, bringing Martin County into compliance with existing federal law.
The definition of tobacco products is significantly expanded by the ordinance and includes vapor-generating electronic nicotine delivery devices. Tobacco products are defined as “any product containing, made or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by other means, or any component, part or accessory of a tobacco product including, but not limited to cigarettes, e-liquids, gels, cigars, cheroots; stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine cut and all other forms of tobacco. Tobacco products include any vapor-generating electronic devices. Tobacco products also include any component or accessory used in the consumption of tobacco, whether or not they contain nicotine, including but not limited to filters, cartridges, pods, pens, rolling papers, blunt, hemp wraps or pipes.”
Tobacco retailers in unincorporated Martin County will have to obtain a Tobacco Distribution License (TDL) in order to sell tobacco products. The Tax Collector’s Office will issue TDLs, that must be renewed annually by September 30 (to coincide with the renewal of Business Tax Receipts). Tobacco retailers must display the TDL in plain view and post signage that states “The sale of tobacco and nicotine products to a person under the age of 21 is against the law.”
The yearly fee for a TDL is $50; however, if you have a Tobacco Retail Products Permit issued from the State of Florida you are exempt from paying the $50 fee. You will only have to pay the administrative fees.
Failure to renew a Tobacco Distribution License each year by September 30 will result in late fees as follows:
- 10% late fee for licenses not renewed by October 1
- 15% late fee for licenses not renewed by November 1
- 20% late fee for licenses not renewed by December 1
- 25% late fee for licenses not renewed by January 1
- $200 late fee for licenses renewed after January 1
To obtain your initial Tobacco Distribution License you must take the Acknowledgement of Compliance form (from the Martin County Growth Management Department) to the Tax Collector’s Office.
Please call the Growth Management Department at (772) 288-5495 for more information about obtaining the form.
If you want to claim the exemption from the licensing fee, proof that you have a Tobacco Retail Products Permit from the State of Florida must be presented to the Tax Collector’s Office.
The Martin County Sheriff’s Office will enforce the ordinance and will issue citations to violators.
The penalties for tobacco retailers that violate the ordinance are as follows:
- 1st violation: 7-day license suspension and $500 fine
- 2nd violation: 30-day license suspension and $500 fine
- 3rd violation: 90-day license suspension and $500 fine
- 4th violation: Revocation of license with no option to renew and $500 fine
All monies collected for licenses or penalties will be used for administrative costs of the licensing component and to financially assist tobacco use prevention programs in schools.
The effective date of Ordinance 1149 is February 1, 2021.