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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
County Code Sec. 26-2
Adopted
Ordinance No. 01-46, effective 7-31-01
Restricted access area
Public cannot reach product directly
Exceptions
Specialty tobacco stores; 18+-only premises
Reach
Applies inside Naples, Marco Island, Everglades City too
Enforcement
Via F.S. ch. 162 code enforcement

Summary

Collier County bans self-service tobacco displays outside a restricted access area under Code Sec. 26-2. Cigarettes, cigars, snuff and chewing tobacco must sit behind a counter or in a case a clerk controls unless the store is a specialty tobacco shop or bars minors entirely. The rule targets sales to anyone under 18.

These county ordinances apply to unincorporated areas of Collier County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Intent. This section is intended to prevent the sale and delivery of tobacco products to persons under the age of 18 by regulating the commercial marketing and placement of such products. This section shall not be interpreted or construed to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to F.S. ch. 569. ... (c)Placement of tobacco products in open display unit. No vendor shall place tobacco products in an open display unit unless such unit is located in a restricted access area or sell, permit to be sold, offer for sale, or display for sale any tobacco products by means of self-service merchandising in a non-restricted access area.(d)Exceptions.(1)An establishment that prohibits persons under 18 years of age on the premises.(2)Specialty tobacco stores.(e)Enforcement. The provisions of this section shall be enforced by any procedure permitted by F.S. ch. 162, or other applicable Florida law.(f)Applicability. The provisions of this section shall apply to all areas of Collier County including those areas within the incorporated municipalities of the county.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 126 | Land Development Code: Supplement 33).

Full Breakdown

Sec. 26-2 of the Collier County Code, adopted by Ordinance No. 01-46 in 2001, prohibits a tobacco vendor from placing product in an 'open display unit' unless that unit sits in a 'restricted access area' with immediate access limited to the vendor or the vendor's employees. An open display unit is defined broadly to include any case, rack, shelf, counter, table, kiosk, booth or stand that lets the public reach the product directly. Self-service tobacco merchandising in a non-restricted area is barred outright, whether the vendor sells, permits to be sold, offers for sale, or simply displays the product for sale that way.

Two exceptions exist: an establishment that prohibits anyone under 18 from entering the premises, and a 'specialty tobacco store' whose primary business is selling cigars, pipe tobacco and other tobacco products. The ordinance has an explicitly countywide reach: subsection (f) applies it to the incorporated municipalities of Naples, Marco Island and Everglades City as well as the unincorporated area this database otherwise covers. ch. 569, and Sec. 26-2(a) says the ordinance is not meant to prohibit sale or delivery of tobacco that is otherwise lawfully regulated under that chapter. What the county adds is the display restriction aimed at keeping loose cigarettes and cigars out of reach of minors browsing store aisles unsupervised.

Violations & Fines

Sec. 26-2(e) sends enforcement through 'any procedure permitted by F.S. ch. 162,' Florida's code enforcement statute, rather than setting its own fine schedule. That means the county's code enforcement officers can cite a non-compliant retailer and refer repeat or unresolved cases to the special magistrate or code enforcement board for a civil penalty rather than through criminal court, with separate violations possible under ch. 162's standard case-management rules.

Frequently Asked Questions

Can a Collier County store display cigarettes on an open shelf?
No, unless the display sits in a restricted access area reachable only by an employee, or the store qualifies as a specialty tobacco store or bars entry to anyone under 18. Otherwise self-service merchandising in the open is unlawful under Sec. 26-2(c).
Does Collier County issue its own tobacco retail license?
No standalone county tobacco license exists; retailers still need the state cigarette and tobacco dealer license issued under F.S. ch. 569. County law regulates only how the product is displayed once a retailer is already licensed by the state.
Does this rule apply inside Naples or Marco Island?
Yes. Sec. 26-2(f) expressly extends the merchandising restriction to the incorporated municipalities of the county, not just the unincorporated area that most of the county code governs.
Who enforces the display rule?
Enforcement runs through the code-enforcement process under F.S. ch. 162, which lets the county issue citations and refer repeat violations to the special magistrate or code enforcement board rather than through the criminal courts.

Sources & Official References

Other rules in Collier County

All Collier County rules

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