Councilmember seeks zoning ban on vape and tobacco sales near schools; committee refers measure to zoning commission

Councilmember Jean Courence (District 9) asked the San Antonio Metropolitan Health District Committee to consider amending the city's zoning code to restrict sales of tobacco and vaping products within 1,000 feet of public or private schools, childcare facilities and colleges.

"Lo que proponemos es enmendar, cambiamos la el UTC, el código de la ciudad... ninguna tienda que venda vaporizadores debe de ser permitida de operar dentro de mil pies de una escuela pública o privada, guardería o institución de estudios superiores," Courence said, introducing the request and noting the measure would align with a city ordinance on flavored products that took effect earlier in January.

Committee members discussed the scope and likely effects of the proposed buffer. Staff said the city has about 225 tobacco- and vapor-product retailers, and approximately 82 of those are located within 1,000 feet of a school. Councilmembers asked whether the proposal would apply to existing businesses (nonconforming uses), how notification would work for new dispensaries, and whether the measure should use a 300-foot standard like common alcohol variances rather than 1,000 feet.

Councilmember Villagrán said advertising and flavored-product marketing appear to target adolescents and expressed support for restrictions. Councilmember Rocha García and others asked staff to examine conversion metrics, clarify definitions (for example, distinguishing specialty vape shops from general retailers that sell some vaping products), and consider limiting bright neon signage or other advertising tactics as conditions of zoning approvals.

Staff said the proposal would be processed as a zoning-code amendment and, if enacted, would apply prospectively to new locations; locations already in operation would remain in place as existing uses unless other enforcement or code-violation processes applied. The department advised the committee that standard zoning-notification procedures would apply for new dispensaries and that additional policy details (for example, precise mapping of retailer locations near primary, secondary and tertiary schools) would be provided in the zoning review.

The committee voted to refer the recommendation to the zoning commission and then to city council. The motion was moved and seconded; committee members voted "all in favor" and the motion passed by voice vote. The committee did not record a formal roll-call tally during the meeting.

Members asked staff to return with detailed maps showing retailer locations relative to school types, to define the regulated retail categories, and to clarify whether CBD-only retailers would fall under the proposed rule.

No ordinance text was adopted at the meeting; the action was a referral to the zoning commission for further review.