Council adopts ordinance adding rules for smoke and vape shops, including 500-foot distance from schools and signage requirement

The East Baton Rouge Parish Metropolitan Council voted to amend the Code of Ordinances (Title 9) by adding Chapter 25 to regulate smoke and vape shops, including distance and signage requirements.

Council members Rowdy Goday, Denise Amorosa, Carolyn R. Coleman and Tijuana Harris sponsored the ordinance. Presenters from the advocacy group ICARE and Department of Development staff described the provisions: a 500-foot distance requirement from any educational institution, religious institution, public library, child day care facility and public park; and a signage requirement mandating clear notices that minors are not permitted on the premises. The Department of Development will enforce the ordinance.

Council members debated enforcement and grandfathering. The ordinance as presented contains a grandfathering provision for a “smoke or vape shop retailer operating on the effective date of this ordinance” so that existing businesses at the same address are allowed to continue. Council members asked whether a change of ownership would preserve grandfathering; Department staff and counsel said the ordinance was written so that the grandfathering applies to the business operating at the location on the effective date and that a change of ownership could require a new occupational or occupancy permit, which may affect grandfathering. Staff noted enforcement challenges, including incomplete records of existing vape retailers. Staff also said the state has a vape-shop registration process under state statute but local distance rules are a municipal matter.

Councilmembers discussed possible additional restrictions (advertising limits, transferability windows such as six months), but authors and staff said they preferred to refine such language outside the meeting to avoid unintended consequences.

A motion to approve the ordinance was made by Councilwoman Carolyn R. Coleman and seconded by Councilwoman Tijuana Harris. No councilmember objected; the chair announced the motion carries and the ordinance was adopted.

Speakers recorded in the public hearing and discussion included representatives of ICARE Louisiana; Department of Development staff (identified in the record as Courtney and Rachel); Councilmembers Rowdy Goday, Denise Amorosa, Carolyn R. Coleman, Tijuana Harris, Dunn Jr., Hurst, Mote and others who asked questions about licensing and grandfathering. The transcript records staff answers about state registration, local permit questionnaires, and the Department of Development’s enforcement role.