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Council adopts 1,000-foot spacing rule for new vape and tobacco shops near schools and day cares
Summary
San Antonio City Council adopted an amendment to the Unified Development Code establishing a mandatory 1,000-foot buffer that prevents new tobacco and vape shops from opening within 1,000 feet of public or private schools, day-care centers and institutions of higher learning.
San Antonio City Council on May 8 approved an amendment to Chapter 35 of the Unified Development Code to create a mandatory 1,000-foot spacing requirement that prevents new tobacco and vape shops from opening within 1,000 feet of public or private schools, day-care centers and institutions of higher learning.
Development Services staff told the council the city currently has roughly 225 vape or tobacco specialty shops and that about 82 of those locations already sit within 1,000 feet of a school. The ordinance applies to new specialty stores whose primary business is the sale of tobacco or vape products; the change does not modify the sale of tobacco products by general retailers such as convenience stores or grocery stores.
Public comment at the meeting included testimony from a certified prevention specialist representing the Breathe Clear coalition, a recovery peer specialist who described his own youth vaping experience and school vaping incident statistics, and a pediatric pulmonologist who urged treating e-cigarettes like other tobacco products because of inhalation risks and nicotine'related harms. Presenters cited local school-district vaping incidents and national research correlating shop proximity to adolescent initiation.
Councilmember Courage moved the ordinance and council approved the change by voice/electronic vote. Staff recommended a special-use pathway for any future exceptions analogous to other zoning special-use requests (such as certain alcohol-related variances). City staff said the ordinance will be coordinated with state actions and that existing shops located within the buffer are grandfathered under state and local law.
The zoning amendment supplements a prior change that added electronic smoking devices into the city's smoking ordinance. Enforcement, licensing details and coordination with state regulations were discussed; staff told the council it will coordinate messaging and enforcement steps with Metro Health and code enforcement.
