AGENDA REPORT
To: Honorable Mayor and City Council Members From: Kimberly Greer, Interim Community Development Director Agenda: April 22, 2019 – Work Session Item: Electronic Cigarette / Vape Shop Regulations
Item Summary Staff recommends adjusting City Ordinances related to electronic cigarettes (e-cigarettes) sales and vape shops. Background E-cigarettes are battery operated devices that vaporize flavored liquid which typically contains nicotine. Stores specializing in the sale of e-cigarettes and related products are commonly referred to as vape shops.
The Georgia Department of Public Health warns against the use of e-cigarettes and the negative health impacts associated with nicotine and other chemicals that can be vaporized. The Food and Drug Administration has issued warnings against retailers targeting illegal sales to youth with kid-friendly marketing. The Centers for Disease Control and prevention warns the use of e-cigarettes can negatively impact brain development in adolescents. State law bans e-cigarette sales to anyone under 18; however, vaping has become popular among children under 18.
Update As part of the issuances of business licenses, the Community Development Department completes a zoning check for each business ensuring the location is compliant with zoning regulations. Annual license renewals were due on March 31, 2019. As part of the business reviews, staff noted an increase in the number of vape establishments. As of April 1, 2019, Johns Creek has eight establishments with business licenses selling vape products. Based on existing regulations, vape stores can locate in any property zoned C1 (community business district).
Other jurisdictions in the area have experienced a similar increase in the number of businesses selling vape products and responded by adjusting their ordinances and regulations related to sales and opening of such establishments. City of Roswell adopted an Ordinance to require purchasers of vaping products to provide legal identification showing the purchaser’s age to be over eighteen years. City of Milton amended their Zoning Ordinance to prohibit the opening of vape shops. Fulton County adopted a Resolution prohibiting the sale, manufacture, and distribution of synthetic cannabinoids, opioids, and amphetamines within unincorporated Fulton County as well as prohibiting the use of similar substances that produce vapor or smoke. Forsyth County adopted an Ordinance adding alternative nicotine products to the list of violations that result in actions on alcohol licenses. City of Lilburn adopted a 60-day moratorium barring the acceptance of license and permit applications for businesses which primarily sell alternative nicotine products.
Analysis Given Council’s focus on promoting quality of life in Johns Creek, staff raises the issue for Council discussion to ascertain if Council has interest to augment existing regulations for (a) where future stores can be located, (b) if sales should be further regulated (such as requiring proof of purchaser’s age), (c) adopt a moratorium on accepting licenses and permit applications from businesses which primarily sell alternative nicotine products, or (d) all of the above.
Next Steps Should Council reach consensus to advance changes related to vape regulations staff seeks to understand Council’s priority for the effort as it relates to the other on-going initiatives.
Attachments (1) Roswell Agenda Materials and Ordinance (2) Milton Agenda Materials and Ordinance (3) Fulton County Agenda Materials and Resolution (4) Forsyth County Ordinance (5) Lilburn Moratorium Resolution
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