BRENHAM CITY COUNCIL SIGNALS FAVOR OF NEW SMOKE/VAPE SHOP RESTRICTIONS

  

The Brenham City Council expressed willingness today (Thursday) to move forward with a set of amendments to city code that would limit where smoke and vape shops can operate within the city.

During a work session where no vote was taken, councilmembers reviewed and voiced approval of amendments that would create specific definitions for smoke and vape shops, restrict them to certain business and industrial zoning districts, and adopt distance requirements between them and homes, schools, parks, churches, hospitals and other smoke or vape shops presently operating.  

The council’s feedback comes after last month’s Planning and Zoning Commission meeting where commissioners recommended holding off for now on making any decisions locally, as state legislators are looking at several bills on the matter.

City of Brenham Development Services Director Stephanie Doland said the intent of the amendments is to move beyond classifying smoke and vape shops as general retail use, so that the city can have more say in where they operate.

Doland also reiterated that any legislation passed by the state would not encompass zoning district restrictions, as that would fall to the local level.

The proposed text amendments would only allow smoke and vape shops to locate in the B-2 Commercial, Research and Technology District and the Industrial District, meaning they could not operate in the B-1 Local Business and Residential Mixed Use District or in the downtown districts that include the B-3 Historical Central Business District or B-4 Neighborhood Business District.  Existing smoke and vape shops in those districts would be grandfathered, but they could not expand without a specific use permit granted by the commission and the city council.

Lounge uses, such as cigar or hookah lounges, would not be impacted by the regulations since they are meant for consumption by adults 21 and older and are not solely for the sale of e-cigarettes or tobacco products.

The proposed distance requirements would put smoke and vape shops at least 300 feet from single-family residential uses and 1,000 feet from public and private schools, day care centers, public parks, religious facilities, public hospitals, and other smoke or vape shops currently in business.  City Manager Carolyn Miller requested to add language to include private hospitals, as there are not many public hospitals anymore.   

Mayor Atwood Kenjura said he felt it appropriate for the city to explore this further, as more and more cities are regulating smoke and vape shops or banning them outright and lawmakers are now picking up the discussion. 

Mayor Pro Tem Clint Kolby said he agreed that it would be worth it to advance discussion on this, but that he also felt it would be fine to wait until after the Texas Legislature concludes.  Councilmembers Shannan Canales and Albert Wright responded that more smoke or vape shops could move into town during that time, before the city finishes its work on the amendments.  

Councilmember Adonna Saunders said she was okay with moving forward with the amendments and making changes as needed.  Councilmember Dr. Paul LaRoche III also said he was agreeable to proceeding, but wants to avoid banning smoke and vape shops and turning into the “moral police.”

The item will now head back to the Planning and Zoning Commission for a vote.

Click here to view the agenda packet for Thursday's meeting.

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