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Council to introduce ordinance barring minors from specialty vape and hookah shops
Summary
Council introduced an ordinance to create a local specialty tobacco and e-cigarette article that would prohibit minors from entering shops that primarily sell tobacco/vaping products and add ID and penalties provisions; the ordinance was placed on the next meeting agenda for action.
The council introduced an ordinance to amend the city's public health code to establish rules for specialty tobacco, electronic smoking device (vape) and hookah establishments, including a prohibition on minors entering premises whose primary business is selling these products.
Mayor (unnamed) said the ordinance is intended to reduce youth access and exposure to vaping and tobacco products. The draft ordinance defines specialty tobacco and electronic smoking-device establishments and would make it unlawful for minors to enter or remain on the premises of businesses whose primary retail is tobacco or vaping products. The proposed local rule also updates local ID requirements in light of federal and FDA guidance by requiring staff to card anyone who does not reasonably appear to be 30 years of age and to accept government-issued photo identification.
The ordinance would require clearly posted signage stating that sale of tobacco and related products to persons under 21 is prohibited, that photo ID will be required, and that the law will be strictly enforced. Penalties in the draft range from $100 to $500 for a first offense, $500 to $1,000 for a second, $1,000 to $3,000 for a third, and $3,000 to $5,000 for fourth or subsequent offenses as set out in the draft language.
Council members and staff discussed enforcement tools, including educational compliance visits, undercover-age verification buys, and complaint-driven investigations. Police Captain (unnamed) described prior approaches where underage decoys were used to test compliance and said complaints and officer observations could prompt investigations. Council members asked whether an amendment should explicitly allow minors who are accompanied by parents or guardians; the mayor said the solicitor would prepare an opinion and the council would consider modifications at the next meeting.
The draft ordinance was introduced for Monday's meeting; Council Member Joe volunteered to "take" the ordinance as the sponsor for consideration. No final vote occurred during the introduction.
