Council adopts ordinance tightening tobacco/vape retailer rules, raises sales age and adds neighborhood proximity limits

The Terre Haute City Council adopted General Ordinance 16-20-24 on Feb. 6, updating local rules for tobacco and vaping retailers to reflect federal age changes and new proximity limits.

City Attorney Michael Wright explained the ordinance would change the minimum purchase age from 18 to 21, add a statutory definition of “electronic cigarette,” and add proximity restrictions that prevent a tobacco retail establishment from locating within 5,000 feet of another tobacco retailer or within 1,000 feet of a religious institution, park or community center.

Shannon Giles of Tobacco Free Vigo supported the measure and urged the city to go further where state law does not already apply. “I am thrilled that we’re gonna be doing this,” she said. Giles told the council that 98% of Vigo County tobacco retailers sell flavored products and that retail visibility and price promotions are important drivers of youth use; she cited a point-of-sale survey and urged continued steps to reduce youth exposure.

Council members debated two amendments from the floor. Councilperson Thompson moved, and Councilperson Dinkle seconded, an amendment that added the words “the square footage of” to clarify that the ordinance would prohibit a tobacco retailer from expanding its business beyond the square footage it already occupies in a prohibited proximity area. Councilperson Boland and Councilperson Loudermilk subsequently moved and seconded a second amendment changing the term “church” to the broader phrase “religious institution.” Both amendments passed on voice votes.

Councilman Azar moved approval of the ordinance as amended; the motion was seconded by Councilwoman Loudermilk. The ordinance passed on a voice vote; no recorded no votes were announced during the meeting.

The ordinance requires a permit and fee for any business that offers for sale drug- or tobacco-related paraphernalia, but the proximity restriction language targets businesses where tobacco or vaping sales are the primary use, not every retailer that carries tobacco as an ancillary product. Wright and several council members said that distinction was intentional to avoid imposing restrictions on businesses that sell tobacco as a small part of broader retail operations.

Tobacco Free Vigo urged additional action at the state level and local enforcement; Giles said she will continue to advocate for a $2 cigarette tax increase and increased funding for prevention programs. The ordinance will be codified in city code as amended.