HomeMy WebLinkAboutIR 9629 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9629
To the Mayor and Members of the City Council March 18, 2014
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SUBJECT: E-CIGARETTES AND SMOKING OF TOBACCO IN BARS
E-Cigarettes —Access by Minors
Background
Electronic-cigarettes (e-cigarettes) are 3" to 6" tubes containing a battery, a reservoir which holds
a liquid (consisting of water, nicotine, flavoring, and other substances), and an atomizer which
converts the liquid into a vapor which is inhaled. E-cigarettes are becoming increasingly popular
and are now widely available for purchase from specialty vendors, grocery stores, and
convenience stores.
E-cigarettes do not contain tobacco (although the nicotine is derived from tobacco) and there is
no combustion involved in their use. Consequently, no smoke is created or ingested by the user,
nor is there exposure of nearby individuals to second-hand smoke. E-cigarettes are not regulated
by the Fort Worth smoking ordinance for the same reason: E-cigarettes are not "lighted" and
there is no smoke or combustion involved.
There are differences of opinion among health experts regarding e-cigarettes, because although
nicotine itself is addictive and unhealthful, e-cigarettes do not expose users to the high level of
carcinogens or the carbon monoxide experienced with the use of regular cigarettes. Many users
of e-cigarettes claim that they have been able to reduce or eliminate smoking through the use of
e-cigarettes. Thus the dilemma is that when tobacco smokers switch to e-cigarettes, they may
reduce the net health risk to the population, however when non-smokers become users of e-
cigarettes (particularly minors) they are introducing a new health risk factor into the population.
An area of concern is the fact the liquid used in e-cigarettes is often flavored and some of the
flavors appeal to minors (including candy and dessert flavors). A restriction that is targeted to
preventing minors from obtaining e-cigarettes presents a more defensible legal rationale with
regard to protecting public health as compared to restrictions on adults who may be smokers
tapering-off tobacco.
Ability of the City to regulate e-cigarettes
The federal government does not currently regulate e-cigarettes, but is studying the health effects
and considering options for regulation. It is likely that at some point the FDA will enact some form
of federal regulations. The State of Texas does not currently regulate e-cigarettes. This has
caused many cities to consider whether local regulation is appropriate.
There is no federal or state law preempting the ability of a municipality in Texas from regulating e-
cigarettes. If at some future time the FDA or the state enacts regulations, any ordinance the City
has may become preempted and would need to be revised or repealed. At the current time,
however, the City's general home-rule authority provides the legal basis to enact ordinances
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9629
To the Mayor and Members of the City Council March 18, 2014
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SUBJECT: E-CIGARETTES AND SMOKING OF TOBACCO IN BARS
regulating e-cigarettes, including a ban on sales to adults and/or minors, as well as a prohibition
on their use in City facilities.
What other cities are doing with regard to e-cigarettes
Currently the largest cities in Texas do not regulate e-cigarettes, nor do any of the cities of
comparable size to Fort Worth in the US. Some of the smaller municipalities have enacted
restrictions on e-cigarettes. The Texas cities that have enacted ordinances are typically directed
to either the sales to minors (Lewisville), or the possession by minors (Murphy), or both
(Rockwall). One city (Richardson) limits specialty e-cigarette stores to particular zoning districts
with a special use permit.
Regulation of E-cigarettes
Large Texas Cities
City E-cigarettes Regulated
Dallas No
Houston No
San Antonio No
Austin No
El Paso No
Other Texas Cities
City E-cigarettes Regulated
Lewisville Yes, sales to minors
Murphy Yes, purchase and possession by minors
Rockwall Yes, sales to or purchase by minors
Richardson Yes, permit plus zoning restriction on
shops
Mesquite Yes, use in certain park areas
Frisco Yes, sales to minors and public
"smoking"
San Marcos Yes, exempts a-cigs from smoking
ordinance
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9629
To the Mayor and Members of the City Council March 18, 2014
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SUBJECT: E-CIGARETTES AND SMOKING OF TOBACCO IN BARS
Smoking Ordinance and Bars
The City Council adopted its Smoking Ordinance on August 21, 2007 which became effective
January 1, 2008. Prior to the ordinance's adoption, the City Council initiated a public process to
seek citizen input on whether the City Council should strengthen its smoking regulations. An Ad-
Hoc Work Group was formed, public meetings were held and recommendations were then made
to the City Council to strengthen the City's ordinance.
The City's Smoking Ordinance prohibits smoking in public places. However, smoking is allowed
in bars, up to twenty five percent of rooms at a hotel or motel, outdoor dining areas, bingo parlors,
private clubs, retail tobacco stores and facilities where smoking is part of a stage production.
Large Texas Cities' Regulation of Smoking in Restaurants and Bars
City Allowed in Restaurants Allowed in Bars
Austin No No
Dallas No No
El Paso No No
Houston No. No
Plano No No
San Antonio No No
Arlington No No, unless minors are prohibited
in the establishment
If the City Council would like to prohibit smoking in bars, Chapter 29.5 of the City Code would
need to be amended.
Tom Higgins
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS