By JAN McLAUGHLIN
BG Independent News
Bowling Green officials debated the city’s role in limiting vape and smoke shops – mulling over the opposing goals of protecting public health and meeting market demands.
City Council, concerned about the public health effects of vaping, took action on April 7 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 could study the issue and recommend ways to regulate vape businesses in the city through zoning.
Bowling Green now has 12 vape and smoke shops, and at least 15 other businesses that sell vapes as a secondary item. During the six-month 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.
The moratorium will have no effect on those businesses currently operating.
“We’re not trying to shut down anybody,” but just adopt reasonable regulations, Bowling Green Planning Director Heather Sayler said to members of the planning commission in May.
The regulations could define space requirements between vape and smoke shops and child-oriented locations in the city, could set a maximum number of shops based on the city’s population, and could limit the hours of operation and the number of signs.
To start discussion on possible regulations, last week Sayler proposed the following limitations:
- No new vape shop can open within one mile of an existing shop. All existing shops would be considered legal non-conforming uses.
- No vape shops can be located within 1,000 feet of schools, libraries, parks, playgrounds and churches.
- Hours of operation would be limited to 8 a.m. to 10 p.m.
- Signage would be limited to 25% of window surface area. Some existing shops fill window space with lighted signage.
- Outdoor smoking lounges would be prohibited.
Planning commission member Julie Broadwell also suggested that shops not allow in minors unless they are accompanied by adults.
The commission will further discuss the potential regulations next month, before holding a public hearing in August.
Some members seemed uncomfortable with the one-mile distance restrictions which would effectively not allow any more vape/smoke shops to locate in the city. Even if an existing shop closed, another new one could not legally replace it.
“It’s not that I’m in love with vape shops. I’ve never been in one,” Planning Commission Chairman Bob McOmber said. “But I don’t know that we should regulate them at that extent.”
Others on the commission expressed similar concerns.
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.
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 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.
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.
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.
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.
“They make it very enticing,” Broadwell said.
