Richmond Heights' 6-month moratorium keeps new vape shops out

Passed by emergency, there is a new moratorium in Richmond Heights that prevents new vape and e-cigarette businesses from setting up shop for the next six months.

Ordinance 104-24 "prohibits the acceptance of applications for, and the granting of, zoning approvals, building permits and certificates of occupancy for any building, structure, use, or change of use that would be associated with the distribution or sale of vaping/e-cigarette products."

The City of Richmond Heights' Director of Law, Todd Hunt, told News 5, "It was felt... that we needed to move quickly on this."

Instead of the typical three readings of legislation, city council passed it as an emergency on July 23.

"There's been a huge rise in the prevalence of vaping by minors even though in 2019, the state of Ohio passed a statute which said you had to be 21 years old to buy tobacco products," stated Hunt.

An Ohio Youth Survey published in 2020 shows tobacco use among middle school and high school students increased 88% from 2016 (16.1%) to 2019 (30.3%).

"E-cigarettes are the most commonly used tobacco product among both middle and high school students in Ohio," the analysis reads.

According to a Food and Drug Administration (FDA) study published this year, about 2.8 million youth currently use any tobacco product.

The most commonly used tobacco device reported to the FDA is e-cigarettes.

The FDA claims more than 2.1 million youth use e-cigarettes.

I asked why they are not going after tobacco in general.

"Well, in general, the use of it has gone down, believe it or not, in terms of regular tobacco use: cigarettes, cigars, etcetera. Vaping has increased and that's what we're doing and that's very attractive to the youth of America," stated Hunt.

Additionally, another smoke shop recently submitted an application to the city for approval and that's part of why the trigger was pulled on this ordinance, according to Hunt.

The Owner of Richmond Gas & Go, Bashar Mahmoud said businesses that sell those products are not selling to minors and believes that shouldn't be a catalyst of this moratorium.

"The most important thing nowadays is old businesses. They depend on [this] stuff because a lot of people quit smoking cigarettes, and they smoke vapes and e-cigarettes and stuff like that, so it's gonna be hard to survive without those," said Mahmoud. "I just opened up a store, a perfume store because I fear about what's going to happen for the future if that law passes."

An employee of Discount Tobacco & Beverage, Tarun Saimadimi, said he understands the reason behind the moratorium but doesn't think it will solve the problem city council hopes to solve.

"If you stop the vapes totally, they will go to the tobacco," said Saimadimi.

He explained while vapes and e-cigarettes may be harmful, it's a better alternative to smoking cigarettes.

"We are selling the best ones. We are choosing the best companies to have people have the best," added Saimadimi.

Hunt said this six-month pause on new shops will allow city council to research the effects of e-cigarettes.

"The moratorium does not prohibit any establishment or business that's currently selling it, but no new sales at new establishments or existing establishments that aren't selling it," said Hunt. "There's this misconception that by vaping it's not harmful. It actually puts more nicotine into the system than if you were smoking a cigarette or a cigar."

There are currently eight stores in Richmond Heights that sell e-cigarettes and vaping products.

Hunt said as of Thursday afternoon, city council has not had a discussion with those eight businesses about this ordinance.

The moratorium on new vape and e-cigarette shops will continue through at least the end of January 2025.

Hunt told News 5 an option being considered is adding distancing regulations to those shops.

"We're looking at distancing requirements in the ordinances from schools, parks, recreation areas. That's what we're generally looking at. You really don't want to mix business with residential. We do have a redevelop of the former Richmond Heights mall which is in the B2 regional business district which is where we're not really interested in seeing those types of businesses. In our B1 local business areas which are small strip shopping centers, individual stores – that's probably where these will be permitted with those distancing requirements from youth areas."

Hunt said the council may look to Ohio Section 3796.30, which prohibits marijuana operators from conducting business within 500 feet of a school, church, public library, public playground, or park, as a foundation for distancing requirements.

"Perhaps 500 feet or more," he said.

However, it would not impact current businesses which might operate near areas where youth tend to congregate.

"But if they go out of business or stop selling the product, they couldn't start up again," said Hunt.

The next Richmond Heights City Council meeting will be on Aug. 13.

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