In what could be the first of its kind in the nation, a ban against selling vaping devices disguised as pens or other devices was unanimously approved by the City Council on Tuesday.
City Manager Graham Mitchell said the new law, which will be in effect 30 days after its March 11 adoption, could result in fines of $2,500 and the loss of a tobacco retailers license for repeated offenses. There will be an appeal process, he said.
Similar regulations have recently been considered in San Francisco, New York City and Boulder, Colorado and in the states of New York and Illinois, according to a staff report. It’s unclear if any city or county elsewhere has adopted a similar ordinance.
The ordinance was first proposed in December by Council Gary Kendrick and Steve Goble. It had its first reading before the council in February.
“I received letters from each one of the local school districts asking us to do something,” Kendrick said about Tuesday’s meeting. “We’ve got kids that are using cannabis from fake watches and fake hoodies that have hidden vaping devices in them.”
Kendrick said protecting citizens is the primary mission of local government, and children need the most protection.
“Schools are spending about $28,000 a year educating a child in our public schools, and they’re not going to be very well educated if they’re stoned out of their minds from these fake devices,” he said.
Before drafting a proposed ordinance, city staff surveyed seven tobacco retailers in the city and found two that were selling disguised vaping device, according a staff report.
Among the most common devices sold were Penjamin Cart Pens, which function as writing tools and vaping devices. The devices also can be disguised as fidget spinners, smart watches, hand-held electronic games, USB drives, staplers and beverage containers.
The fine for violating the ordinance is $2,500 for a first offense, with a second offense within three years resulting in another $2,500 fine and a 60-day suspension of the shop’s tobacco retailers license. The monetary fine is the same for subsequent violations, but with a 120-day license suspension for a third and revocation of a license for a fourth.
