(1) It is unlawful for any person to offer for sale at retail any of the items listed in subsection (2) unless such person: (a) Has a retail tobacco products dealer permit under s. 569.003. The provisions of this chapter apply to any person that offers for retail sale any of the items listed in subsection (2); and
(b)1. Derives at least 75 percent of its annual gross revenues from the retail sale of cigarettes, cigars, and other tobacco products; or
2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2).
(2) The following smoking pipes and smoking devices are subject to the provisions of this section:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Chamber pipes.
(e) Carburetor pipes.
(f) Electric pipes.
(g) Air-driven pipes.
(j) Ice pipes or chillers.
(3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.