HomeMy WebLinkAbout8.2 Electronic Cigarettes
STAFF REPORT CITY CLERK
File #560-90
CITY COUNCIL
DATE:April 1, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, Acting City Manager
SUBJECT:
Consideration of Adding Prohibitions on Electronic Cigarettes to the Dublin
Municipal Code
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider amending certain section of the Dublin Municipal Code to clarify
that electronic cigarettes and its vaporous byproducts are prohibited, controlled, and/or
regulated in the same manner as tobacco products and smoking pollution.
FINANCIAL IMPACT:
If the City Council chooses to amend the Dublin Municipal Code for electronic cigarettes, there
will be expenses incurred by the City Attorney’s Office.
RECOMMENDATION:
Staff recommends that the City Council direct Staff, by motion, to prepare a municipal code
amendment clarifying in all relevant sections of the Code where tobacco and smoking
regulations are mentioned to ensure electronic cigarettes are included within these Municipal
Code sections.
Submitted By Reviewed By
Assistant to the City Manager Acting Assistant City Manager
DESCRIPTION:
At the City Council meeting on February 18, 2014, Vice Mayor Biddle requested that Staff look
at the City’s Smoking Pollution Control and Tobacco Retailer sections of the Dublin Municipal
Code (DMC) to determine whether electronic cigarettes (E-cigarettes) are prohibited, regulated,
and controlled by the City in the same manner as tobacco products.
Staff has reviewed the Dublin Municipal Code and found that there are a few areas within the
various ordinances whereby greater consistency between the different sections and clarity
would be helpful in administration and enforcement of the law in reference to E-cigarettes. The
City’s Tobacco Retailers Ordinance is the most clear in its inclusion of E-cigarettes. The other
ITEM NO. 8.2
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sections of the DMC are less clear on the inclusion of E-cigarettes, and Staff would recommend
amending the language throughout all sections of the Code to explicitly state that E-cigarettes
are prohibited, controlled, and regulated in the same manner as tobacco products, tobacco
retailers, and smoking pollution.
Impact of Including E-cigarettes in Various Sections of the Ordinance
Chapter 4.40 – Tobacco Retailers
Section 4.40 of the DMC requires that all tobacco retailers acquire a license from the City in
order to sell tobacco products within its jurisdictional boundaries. This section’s definition of a
tobacco product includes electronic cigarettes, and any other product that is or will be made, as
long as the product contains nicotine. However, Staff understands that there are some E-
cigarette products that do not contain nicotine. While a business could sell E-cigarette products
as long as they do not contain nicotine, Staff believes that this would generally be unlikely as
selling the full range of products would be the most profitable and generally such businesses
would mostly likely also sell regular tobacco products. However, minors would be able to
purchase E-cigarettes from such retailers, as long as they do not contain nicotine, without
penalty under the City ordinance. E-cigarettes are construed to be gateway products leading to
nicotine or even tobacco usage later in life, so controlling them to protect youth would make
sense. Clearly stating that E-cigarettes are covered under all sections of this chapter of the
DMC would remove this and serve to protect the community’s youth.
Chapter 5.56 – Smoking Pollution Control
This section of the Code regulates and prohibits smoking at various indoor and outdoor
locations throughout the City such as at parks, apartment housing complexes, City events,
places of employment, dining areas, and locations where people are waiting for a service (e.g.,
an ATM). Additionally, this chapter prohibits hookah lounges and requires smokers to maintain a
reasonable distance away from entrance, exits, windows, and vents from locations where
smoking is prohibited. Further, Staff has been approached from time to time by prospective
business owners about vapor lounges, which are business establishments where patrons would
go to consume E-cigarette vapor. This chapter of the DMC also declares secondhand smoke a
nuisance, and empowers a resident to take legal action to abate this nuisance. Being clear that
E-cigarettes are covered within this section would prohibit their vaporous byproducts from
encroaching on the privacy of other individuals; and, as it does with hookah lounges, would
ensure that vapor lounges are prohibited.
Chapters 8.08 & 8.43 – Zoning Ordinance
Certain sections of the Zoning Ordinance regulate the addition of new Tobacco Retailers within
the community by ensuring that new retailers are a certain amount of feet away from areas
frequented by youth, such as schools and parks, as well as a required distance away from retail
tobacco shops. This section does not prohibit, regulate, or control a retailer that solely sells E-
cigarettes. However, such a store would be required to obtain a Tobacco Retailer License in
order to sell such products if they contain nicotine, which it is likely that a majority of their
products would. Staff would recommend amending this section to ensure consistency with other
portions of the Code and to ensure that a business that seeks to solely sell tobacco products
maintains the desired distance away from areas frequented by youth.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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