By JAN McLAUGHLIN
BG Independent News
Bowling Green residents were given a chance Wednesday evening to weigh in on proposed limits for vape shops in the city.
No one showed up.
Without public input, and despite some reservations about the zoning restrictions for vape businesses, the Bowling Green Planning Commission voted unanimously Wednesday evening to approve the proposed regulations.
It will now be up to City Council to decide if the zoning restrictions are right for Bowling Green.
While Planning Commission Chairman Bob McOmber said he intended to vote in favor of the proposal, he also said, “I have some qualms about this.” He cited discomfort with city government picking business winners and losers – since the zoning rules will basically limit the primary vape shops to those that already exist in city limits.
“I’m not in favor of vape shops and their products,” McOmber explained, but added that he is in favor of the free market.
Planning Commission member Tom Stalter agreed, saying the one-mile buffer zone between vape shops will drastically limit the businesses.
But Stalter also pointed out the lack of anyone at the public hearing to address that issue.
“I’m disappointed there is no one here to speak on it,” he said.
Commission member Mark Remeis, shared his reservations about the limitations the new zoning would create. As a Realtor, Remeis said his job is often helping businesses find locations to rent.
“I’ve always said I’m all about the free market,” he said, adding he has never been a fan of letting government limit what landowners can do with their property. However, Remeis also said he has questioned how many vaping businesses one community needs.
“I’ve struggled with this a bit,” he said.
Bowling Green now has 12 vape and smoke shops, and at least 15 other businesses that sell vapes as a secondary item.
McOmber said he is also troubled by the fact that the proposed rules only regulate shops where vape items are the primary merchandise. Ancillary businesses that sell vapes among many other items are not affected by the zoning rules.
“I’m not sure of the effectiveness of that,” McOmber said. “I’m afraid this will not change the outcome at all.”
The vape shop issue came to light in April when City Council, concerned about the public health effects of vaping, took action to stop the proliferation of vape shops by placing a six-month moratorium on new vape and smoke shops in the city.
The moratorium legislation was spurred by reports of increasing numbers of youth vaping in the community.
It was suggested that during the six-month period the Bowling Green Planning Commission study the issue and recommend ways to regulate vape businesses in the city through zoning.
Last month, the planning commission narrowed the proposed regulations. They again discussed the city’s role in limiting vape and smoke shops – mulling over the opposing goals of protecting public health and meeting market demands.
During the six-month moratorium, the city has not accepted, processed or approved any new applications or issued any new permits, licenses, variances or any zoning applications from or for vape/smoke establishments.
The moratorium has no effect on those businesses currently operating.
Some of the stipulations agreed to last month by the planning commission include:
- A one-mile buffer between existing vape shops and any new vape businesses. That would essentially prohibit any new shops.
- A 1,000-foot buffer between vape shops and schools, day care facilities, libraries and churches.
- No walk-up or drive-thru purchases of vaping products.
- Vape purchases would only be allowed between the hours of 8 a.m. and 10 p.m.
- Signage must be posted explaining the legal age of vape purchases.
- No minors would be allowed in vape shops without a parent.
Municipalities have the power to enact planning and zoning laws for the health, safety, welfare, comfort and peace of citizens, including restricting areas used for business and trade.
Bowling Green Planning Director Heather Sayler researched how other cities in Ohio were regulating vape and smoke shops. Kent has capped shops at 20 based on the city’s population. Oxford requires the shops to be licensed, and not be located near youth-oriented activities.
Cleveland limits window signage, requires new shops to be at least two miles from existing shops, and at least 500 feet from churches, libraries, playgrounds, parks or schools. Toledo requires special use permits, and limits hours of operation. Sylvania requires posting of age warning signs, and regulates vape vending machines.
The vape and smoke shops in Bowling Green are primarily clustered in the downtown area, the north end of North Main Street, the south end of South Main Street, and along East Wooster Street.
Vaping trends among youth and its health effects have been studied by at least two entities in Wood County – through the Behavioral Health Barometer among Wood County youth, and by the Wood County Health Department.
Wood County Health Commissioner Ben Robison spoke to City Council in April about the public health implications of vaping among youth. Vaping is the top method for youth to obtain nicotine.
In May, Bowling Green Police Division cited employees at three vape and smoke shops in the city for selling vapes to a confidential informant under the legal purchasing age of 21.
Robison explained how recent visits to 53 stores selling vaping products in Wood County showed that most shops place e-cigarettes within reach and eye-level of children. The store audits, sought by the Ohio Department of Health, were recently conducted by Wood County Health Department.
The visits to local stores found that:
- Five stores had tobacco/nicotine products within one foot of products marketed toward children such as candy.
- 29 stores had tobacco/nicotine products within three feet of the floor – the eye level of the average 3-year-old.
- 39 stores had outdoor ads for tobacco products.
- 71% of stores had ads within three feet of the floor.
- 14 stores had no age restrictions posted.
The minimum age to legally purchase e-cigarettes in Ohio is 21, but placing them in reach and view of children can be tempting. Plus, e-cigs often come in bright colors, and in flavors that appeal to young people, like fruit, candy, menthol, and mint. And vapes are often sold out of vending machines.
The audit focused on youth and vaping because e-cigarettes are considered by some to be a safe alternative to smoking for youth. But the human brain is not done developing until approximately age 25. During the teenage years, the front part of the brain, called the prefrontal cortex, is still developing, Robison said. Nicotine is a highly addictive substance that alters normal brain function. It creates a sense of pleasure that leads to cravings – that results in a cycle of dependency, Robison added.
