BRENHAM CITY COUNCIL OKs SMOKE/VAPE SHOP RESTRICTIONS

  

The Brenham City Council gave unanimous approval on Thursday to revise city code with new regulations for smoke and vape shops. 

The changes give specific definitions for smoke and vape shops, re-classify those types of businesses from general retail to defined uses, and restrict them to operating in the B-2 Commercial, Research and Technology District and the Industrial District.  They also establish distance requirements of 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.

Describing the purpose of the code amendments, City Planner Shauna Laauwe referenced the city’s comprehensive plan and its stated goal of focusing on growth that complements existing homes and businesses.

No one from the public spoke during a public hearing for the item.

The new regulations do not pertain to lounge uses, like cigar or hookah lounges, as those businesses are meant for consumption by adults 21 and older and are not solely for the sale of e-cigarettes or tobacco products. 

Shops that are located in areas becoming restricted through these amendments will be grandfathered, but cannot expand beyond their existing footprint without receiving a specific use permit from the council and Planning and Zoning Commission. 

Commissioners, upon recommending approval of the code amendments last week, requested that city staff evaluate the zoning ordinance’s grandfather clause – formally labeled as non-conforming use standards – in relation to the proposed amendments and the ordinance in general.  The request followed discussion about whether the city should allow a grandfathering period for smoke and vape shops that are operating in areas becoming restricted. 

While the grandfather clause was not discussed by the council, members did debate about whether the city should limit smoke and vape shops’ operating hours, which are currently not affected by the new rules. 

Councilmember Albert Wright said he would like to see some type of regulation there.  Mayor Atwood Kenjura said he would prefer not to see those types of businesses open 24 hours a day, calling back to Laauwe’s statement on wanting quality growth for the city.  Meanwhile, Councilmembers Clint Kolby, Shannan Canales and Dr. Paul LaRoche III asked if it would be practical for the city to enforce that. 

Legislation is being considered at the state level regarding the operation of smoke/vape shops, though Development Services Director Stephanie Doland has stated previously that anything passed by lawmakers would not include zoning district restrictions, as those decisions fall to the local level. 

In other business, the council:

• Agreed 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. 
• Approved 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.
• Accepted 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. 
• Approved 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.
• Approved 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.

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