BRENHAM CITY COUNCIL TO HOLD VOTE ON SMOKE/VAPE SHOP RESTRICTIONS

  

The Brenham City Council will hold a public hearing and vote on Thursday for the possible implementation of new regulations for smoke and vape shops.

The set of proposed text amendments to city code, which were unanimously recommended for approval last week by the Planning and Zoning Commission, create specific definitions for smoke and vape shops. 

The new rules would also categorize the businesses as defined uses rather than general retail, restricting them to operating in the B-2 Commercial, Research and Technology District and the Industrial District.  In addition, they would set distance requirements 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, hospitals, and other smoke or vape shops currently in business.

Lounge uses, such as cigar or hookah lounges, would not be affected by the regulations, since those businesses are intended for consumption by adults 21 and older and are not solely for the sale of e-cigarettes or tobacco products.  The city is not seeking to limit smoke and vape shops’ operating hours.

When Planning and Zoning Commissioners took up the item last week, no one from the public spoke on the issue.  Commissioners did request that city staff evaluate the zoning ordinance’s non-conforming use standards – or grandfather clause – in relation to the proposed amendments and the ordinance in general.  The request came after discussion about whether the city should allow a grandfathering period for smoke and vape shops that are operating in areas which would become restricted through these amendments. 

Also in session, councilmembers will look to purchase several pieces of equipment for the city’s Street Department, including a reclaimer/stabilizer used in street reconstruction, a dump truck, and a crack sealer used to maintain newer streets.  The total for all three items is $567,094 and will be purchased through certificates of obligation approved by the council on March 6^th. 

In other business, the council will:

• Consider amendments to the city’s 2024-25 adopted budget, including reflecting a net decrease of $50,100 in the tourism and marketing fund’s budgeted fund balance, primarily due to carryover of a budget item from the previous fiscal year; a net decrease of $243,385 in the capital/non-routine fund’s budgeted fund balance, due to capital purchases; and a net increase of $2,016,000 to the general government capital projects fund’s budgeted fund balance, to be used for capital purchases in the 2026 and 2027 fiscal years.
• Potentially accept a bid for the construction of an electric equipment building for the Electric Department.  The lowest bid of four companies that submitted for the project came from Brenham Iron Works in the amount of $56,856. 
• Act on a professional services agreement with Byrne Software Technologies related to help desk support services for the Accela online permitting software.  The proposed agreement is for five years and would not exceed $61,200 over that time period.
• Consider a change order in the amount of $4,638 for the city’s groundwater supply project, involving the rehabilitation of the Loesch Street water well and construction of a new well.

The council will meet Thursday at 1 p.m. at Brenham City Hall.

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