Clay County, FL Business Licensing & Operations: Tobacco Retail License (2026)

Sections 15-31 through 15-40 form Article III, adopted to keep tobacco products out of the hands of anyone under 18 by controlling how retailers display them, without overriding the state's own regulation and licensing of tobacco sales under Chapter 569, Florida Statutes (15-31(b)). Section 15-32 defines a "tobacco retailer" as any person or business licensed as a tobacco dealer under Chapter 569 who operates a store, stand, booth or concession selling to consumers, and defines "self-service merchandising" as any open display, case, rack, shelf, counter or kiosk that lets the public reach tobacco products without a clerk's help.

Section 15-33 is the operative rule: a covered retailer may not sell, offer or display tobacco products through self-service merchandising, and may only place them in an open display unit if that unit sits in an area where public access is restricted, meaning behind the counter or otherwise vendor-controlled. Section 15-34 exempts two categories: establishments that bar anyone under 18 from the premises entirely, and "specialty tobacco stores" primarily in the business of selling cigars, pipe tobacco and other tobacco products. Section 15-35 gives the county two enforcement paths: a civil action seeking an injunction or receiver, with recoverable costs and attorney's fees if the county prevails, or criminal prosecution, since any violation of Article III is a second-degree misdemeanor under general Florida law. "