BG Council adopts six-month moratorium on new vape and smoke shops in the city

Bowling Green City Council listens to Wood County Health Commissioner Ben Robison talk about vaping.

By JAN McLAUGHLIN

BG Independent News

Bowling Green City Council voted 5-2 Monday to place a six-month moratorium on new vape and smoke shops in the city. 

Voting for the moratorium were council members Mark Hollenbaugh, Bill Herald, Jordan Musgrave, Joel O’Dorisio and Rachel Phipps. Voting against were Jeff Dennis and Greg Robinette.

Mayor Mike Aspacher said the moratorium will provide a pause in the “rapid proliferation” of vape shops in Bowling Green. Since the resolution was introduced in February, the number of vape and smoke shops in the city has grown from 12 to 14. 

When other stores that sell vaping items – like gas stations and grocery stores – are added in, the city has about 30 locations where vapes can be purchased, the mayor said.

Council President Mark Hollenbaugh and Vice President Rachel Phipps listen to vaping presentation.

The moratorium legislation was spurred by reports of increasing numbers of youth vaping in the community. 

“We continue to hear reports of underage vaping,” Aspacher said.

During the moratorium, the city will not accept, process or approve any new applications or issue any new permits, licenses, variances or any zoning applications from or for vape/smoke establishments in Bowling Green.

“We’re not affecting those businesses currently operating,” Aspacher said.

The original resolution called for a one-year moratorium on vape shops in the city. However, council member Bill Herald suggested the time be shortened to six months. Some on council objected to halving the time, suggesting it might take a year to get results of the community public health assessment being conducted this year.

Council members Jordan Musgrave and Joel O’Dorisio listen during meeting.

Council member Joel O’Dorisio said he has heard from several parents about vaping among high school and middle school students – and six months likely isn’t enough time to get current data.

Council member Greg Robinette was opposed to any moratorium, suggesting the city look at zoning code changes instead to limit vape shops.

“I certainly have no affinity for vape, smoke shops, and the products they sell,” Robinette said. “But I’d rather attack this through the zoning code.”

O’Dorisio supported the idea of zoning code changes in the long term, but favored a moratorium in the short term to stop the shops from “rapidly proliferating in the community.”

Council member Jeff Dennis said the problem seems to be sales of vape items to underage customers – and a moratorium wouldn’t solve that, he said.

Council members Jeff Dennis and Greg Robinette voted against moratorium.

Though there are other communities in Ohio with vape shop moratoriums, BG City Attorney Hunter Brown told council he was not aware of other municipalities in Wood County enacting such moratoriums.

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.

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.

Aspacher asked Wood County Health Commissioner Ben Robison to speak to City Council Monday evening about the public health implications of vaping among youth.

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.

Council member Bill Herald asks a question, while Mark Hollenbaugh listens.

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.

According to the most recent survey by the Behavioral Health Barometer in 2021 among Wood County youth:

  • Approximately 1,120 Wood County youth used e-cigarettes/vapes in the past year.
  • 9% of youth vaped nicotine in the past 30 days.
  • 5% of youth vaped marijuana in the past 30 days.
  • 4% of youth vaped just flavoring (without any nicotine or marijuana) in the past 30 days.

In recent years, as public health saw the downward trend of cigarette smoking, it saw a climb in vaping. Smokers reportedly viewed vaping as a way to wean themselves off cigarettes, and others saw it as a safe alternative to cigarettes.

National studies have shown that 75% of college students have tried vaping nicotine, and nearly 25% use it every day. Vaping remains the most common method of nicotine consumption among adolescents, and seems to have replaced or supplemented the use of cigarettes.

Vaping is less conspicuous than cigarettes in public places, plus it’s marketed as “fruity” and “fresh” with flavors like watermelon and cotton candy. Vaping is promoted as chic – and compact, now being the size of a flash drive.