The City of Austin is exploring potential regulations on the sale of e-cigarettes and synthetic nicotine products in proximity to schools and daycares. This proposed measure has stirred concern among local smoke shop owners, who argue that they do not sell to minors and fear the impact on their businesses.
The initiative arises from a resolution passed by the City Council in 2025, which tasked the city manager with examining regulatory options aimed at safeguarding children from tobacco products.
During a recent meeting of the Public Health Committee, representatives from Austin Public Health (APH) indicated that around 600 retailers are situated within 1,000 feet of schools and daycares. They suggested a zoning ordinance amendment that would apply to new vape shops and convenience stores while exempting existing businesses from these new restrictions.
Stephanie Helfman, program manager at APH, noted that state law mandates compensation for businesses if their land use rights are altered. She emphasized that stores primarily selling food and exceeding 12,000 square feet would be exempted to avoid creating food deserts in the area.
Furthermore, APH has proposed expanding the ordinance to encompass all types of nicotine products. Helfman stated, “By including all tobacco products in this ordinance, it will capture the new products as they’re emerging. This will make the ordinance more evergreen and reduce loopholes in the future.”
Travis Tyler, owner of Smoking Burnouts located near Dawson Elementary School, expressed his belief that children do not attempt to purchase items from his store. “No 12-year-old walks in here and looks around and tries to buy anything from us ever. It’s outrageous,” he remarked, while acknowledging the potential challenges faced by other businesses seeking to expand.
Tyler also highlighted the difficulties in finding commercial properties that are not located near schools or daycares. “If you start looking, there will be less and less available properties to do any kind of business model as far as a convenience store or a tobacco store,” he said.
His establishment takes precautions by checking IDs at the door and again when customers pay with credit cards, which he claims is not standard practice for convenience stores. Tyler advocates for tailored regulations for businesses that allow all ages, insisting that specialty stores enforcing a 21-and-up policy are not contributing to the issue.
“We’re getting attacked pretty hard right now, but we as shop owners and clerks, we’re doing our due diligence to make sure that children don’t get these products,” Tyler added.
The City Council is not expected to vote on the proposed regulations immediately, with additional hearings scheduled for the fall.
