§ 132.11. ELECTRONIC CIGARETTES, (E-CIGARETTES).

(A)

Definitions. For the purpose of this chapter:

(1)

E-cigarette means any nicotine dispensing device that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.

(2)

Use of an e-cigarette means the heating or igniting of an e-cigarette which creates a vapor of liquid nicotine and/or other substances mixed with propylene glycol that the user inhales in simulation of smoking.

(3)

Retail e-cigarette shop means any enclosed indoor workplace dedicated to or predominantly for the retail sale of e-cigarettes, e-cigarette products, and accessories for such products, in which the sale of other products or services is merely incidental.

(B)

Prohibition of using e-cigarettes in certain locations. The use of an e-cigarette is prohibited in all enclosed indoor workplaces within the City of Delray Beach at which tobacco smoking is prohibited under the Florida Clean Indoor Air Act as defined in F.S. § 386.203(5), except for retail e-cigarette shops and those places listed in F.S. § 386.2045, "Enclosed indoor workplaces; specific exceptions."

(C)

Penalty. Violation of any of the provisions of this Section shall be punishable as set forth in Section 10.99 of this Code.

( Ord. No. 01-15, § 1, passed 1/20/15 )