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HomeMy WebLinkAbout26-28698 - City Council - OrdinanceORDINANCE 26-28698 AN ORDINANCE AMENDING CHAPTER 29.5 "SMOKING," OF THE CITY CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, AMENDING SECTION 29.5-1 "DEFINITIONS," TO AMEND THE DEFINITION OF RETAIL SMOKE SHOP, AND AMENDING SECTION 29.5-14 "DISTRIBUTION AND SALE OF CIGARETTES OR TOBACCO PRODUCTS" TO ALIGN WITH AND CONFORM TO THE CITY'S ZONING ORDINANCE REQUIREMENTS FOR RETAIL SMOKE SHOPS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 21, 2007, the City adopted Ordinance 17719 (the "Smoke Free Ordinance") to improve and protect the public health to assure a smoke -free atmosphere in places where the public is invited or permitted; and WHEREAS, on December 12, 2017, the City adopted Ordinance 23047-12-2017, which amended the Smoke Free Ordinance to, inter alia, include a definition of electronic smoking device, changed the definition of retail tobacco store to retail smoke shop, and added a separation distance requirement for schools, universities, and hospitals; and WHEREAS, on June 4, 2024, Informal Report No. 1867 titled "The Proliferation of Certain Uses and Applicable Zoning Regulations" was presented to the City Council providing information on current zoning regulations applicable to retail smoke shops, which concern neighboring communities as to the impact on their character due to any negative secondary effects associated with the land use for operating a retail smoke shop; and WHEREAS, because retail smoke shops were identified as one of the commercial land uses that tend to proliferate and were of public concern, the City Council directed City staff to draft additional regulations for retail smoke shops; and WHEREAS, on December 2, 2025, the Development Services Department presented to the City Council during their regular work session meeting and recommended changes to the zoning ordinance concerning, inter alia, retail smoke shops; and WHEREAS, on January 27, 2026, the City Council adopted Ordinance 28296-01-2026, which amended the zoning ordinance to, inter alia, revise the definition of retail smoke shops and reduce the separation distance requirement for schools, universities, and hospitals, and expand the list of locations where a separation distance is applicable to include daycares, parks, religious institutions, and playgrounds. Ordinance No. 26-28698 Page 1 of 4 WHEREAS, City staff recommends an amendment to the Smoke Free Ordinance to align the Smoke Free Ordinance with the amendments adopted in Ordinance 28296-01-2026 concerning retail smoke shops. WHEREAS, the City Council of Fort Worth has determined that it is in the best interest of the public health, safety, and general welfare to adopt these changes to the Smoke Free Ordinance and agrees with City staffs recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. Section 29.5-1, "Definitions," of Chapter 29.5 "Smoking," of the Code of the City of Fort Worth, Texas (2015), as amended, shall be amended to provide an amended definition of Electronic Smoking Device and Retail Smoke Shop, as follows: ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol (a.k.a. "vaping") from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e -cigarette, e -cigar, e - pipe, e -hookah, or vape pen, or under any other product name or descriptor. RETAIL SMOKE SHOP. A retail smoke shop as defined in the zoning ordinance of the Fort Worth City Code, as amended. SECTION 2. Section 29.5-14, "Distribution and Sale of Cigarettes or Tobacco Products," of Chapter 29.5 "Smoking," of the Code of the City of Fort Worth, Texas (2015), as amended, shall be amended to align the distance limitation and locations which the distance limitation on Retail Smoke Shops applies with the requirements imposed on Retail Smoke Shops in the City's zoning ordinance, as follows: § 29.5-14 DISTRIBUTION AND SALE OF CIGARETTES OR TOBACCO PRODUCTS (a) A person commits an offense if he or she distributes to persons younger than 18 years of age: (1) A free sample of a cigarette or tobacco product; or (2) A coupon or other item that the recipient may use to receive a free or discounted cigarette or tobacco product or a sample cigarette or tobacco product. Ordinance No. 26-28698 Page 2 of 4 (b) A person commits an offense if the person sells cigarettes in quantities less than an individual package containing at least 20 cigarettes. (c) Retail Smoke Shops shall operate according to the zoning ordinance in the Fort Worth City Code, as amended. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than five hundred dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 6. Ordinance No. 26-28698 Page 3 of 4 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: as By: M. Kevin Anders, II (Aug 25, 2026 16:5439 CDT{ M. Kevin Anders, II Assistant City Attorney ADOPTED: August 11.2026 EFFECTIVE: August 11.2026 Jannette S. Goodall, aan� City Secretary ,oa F O R rn��� �� Fa00000000� �� 00 O O o � O OOO �a 0000000 ��XAS.o�,o Ordinance No. 26-28698 Page 4 of 4 FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 10.1.1 SMOKE FREE ORDINANCE AMENDMENT MAY 26 DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0631 DEPARTMENT: LAW SUBJECT (ALL) Adopt Ordinance Amending Chapter 29.5, "Smoking," of the City Code to Certain Definitions and Update the Prohibition on Retail Smoke Shops Operating Within 300 Feet of Schools, Universities, and Hospitals to Align with the Prohibition on Retail Smoke Shops Operating Within 500 Feet of Public Parks, Places of Worship, Daycare Centers, Schools, Universities, and Hospitals in the Zoning Ordinance, as Amended RECOMMENDATION It is recommended that the City Council: 1. Adopt the attached ordinance amending Chapter 29.5 of the City Code to amend the definition of electronic smoking devices to include a reference to vaping; 2. Amend the definition of retail smoke shops to reduce the sales percentage threshold of gross annual sales derived from the sale of tobacco, cigarettes, smoking and electronic smoking devices from 90% to 51% to align with and conform to the definition of retail smoke shop in the Zoning Ordinance; and 3. Amend the prohibition of the operation of retail smoke shops within 300 feet of schools, universities, and hospitals to align with the prohibition on the operation of retail smoke shops within 500 feet of public parks, daycare facilities, places of worship, schools, universities, and hospitals in the Zoning Ordinance. 1 �1''*1r.i i The purpose of this Mayor and Council Communication (M&C) is to adopt an ordinance amending Chapter 29.5, "Smoking," of the City Code of the City of Fort Worth (2015), as amended, (City Code) to align the definition of Retail Smoke Shops with the definition of "Retail Smoke Shop" in the Zoning Ordinance, as amended, and align the applicable prohibitions on the operation of Retail Smoke Shops within 500 feet of certain businesses and areas in the Zoning Ordinance, as amended. 1 of 3 FORT WORTH. In 2007 (effective 2008), the City Council approved Ordinance No. 17719 prohibiting smoking in most public places, such as: restaurants, bars in restaurants, business and office buildings, as well as within 20 feet of a primary entrance/exit of a regulated facility. In 2017, the City Council approved Ordinance No. 23047-12-2017 to delete definitions of Bar, Bingo Parlor, and Restaurant to allow for consistency with zoning regulations, adopt a definition of electronic smoking device, and prohibit retail smoke shops within 300 feet of schools, universities, and hospitals. In 2018, the City Council approved Ordinance No. 19284 to adopt a definition of Park and prohibit smoking in all areas of City Parks, except for outdoor areas of golf courses and the Will Rogers Memorial Center. In June 2024, Informal Report No. 1867 titled "The Proliferation of Certain Uses and Applicable Zoning Regulations" was presented to the City Council providing information on current zoning regulations applicable to commercial land uses that tend to proliferate in certain areas and/or commercial corridors. These commercial land uses potentially pose a blight upon or cause for concern to the neighboring communities as to the impact on their character due to any negative secondary effects associated within these land uses, including, but not limited to, retail smoke shops. The City Council subsequently directed staff to bring back proposed regulations pertaining to retail smoke shops, in addition to other commercial land uses. In December 2025, City staff proposed recommended changes to the City Council regarding retail smoke shops. In January 2026, the City Council adopted Ordinance No. 28296-01-2026, which amended the Zoning Ordinance to, inter alia, amend the definition of "Retail Smoke Shop" in the Zoning Ordinance to reduce the sales threshold percentage for a business to qualify as a Retail Smoke Shop to 50%, and amend the Supplemental Use Standards of the Zoning Ordinance regarding Retail Smoke Shops to increase the distance requirement from sensitive locations by prohibiting a Retail Smoke Shop from operating within 500 feet of public parks, places of worship, daycares, schools, universities, and hospitals. If adopted, this proposed ordinance would update the definition of "Electronic Smoking Device" to include a reference to "vaping" which, since the adoption of the definition of electronic smoking device in 2017, has become the common vernacular for the use of such devices. The proposed ordinance would also align and conform the definition of "Retail Smoke Shops" in Chapter 29.5 "Smoking," of the City Code with the definition of "Retail Smoke Shop" in the Zoning Ordinance, as amended. The proposed ordinance would align and conform the prohibition on Retail Smoke Shops from operating within 300 feet of schools, universities, and hospitals in Chapter 29.5 with the Zoning Ordinance, as amended. This would allow an amendment to the Supplemental Use Standards regarding a Retail Smoke Shop in the Zoning Ordinance to be incorporated into Chapter 29.5. This M&C does not request approval of a contract with a business entity. 2 of 3 FORT WORTH. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that approval of these recommendations will have no material effect on City funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Valerie R. Washington, # 6192 ORIGINATING BUSINESS UNIT HEAD: Leann Guzman, # 8973 ADDITIONAL INFORMATION CONTACT: Leann Guzman, # 8973 ATTACHMENTS 1. ORD Retail Smoke Shop Amendment May 2026 redline [10.1.1.1 - 4 pages] 2. ORD Retail Smoke Shop Amendment May 2026 clean [10.1.1.2 - 4 pages] 3 of 3