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Department of Community Development
Reference: Electronic Cigarettes and Vaporizers
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Marv Falconburg, Assistant City Manager, AICP
Holly Prather, Community Development Director, AICP
Jason Bradford, Planning Manager, AICP
Prepared By: Aja Tibbs, Long Range and Historic Preservation Planner
Date Prepared: October 31, 2014
PURPOSE
To first amend article 8-44 of the Municipal Code in order to include electronic cigarettes and vaporizers into the existing smoking prohibited regulations. Secondly, to amend the Land Use and Development Code in order to adopt a definition of "tobacco sales," which will reference the amendment of the Brighton Municipal Code.
BACKGROUND
Electronic cigarettes are a new use which has grown in popularity over the last year. Because it is a new use, there is nothing in the current land use code to address how it will be regulated. In the interim, staff has interpreted the use to be similar to tobacco sales. However, the code should be revised to specifically address the use of electronic cigarettes in public places.
Electronic cigarettes are devices that simulate the act of smoking by vaporizing a liquid that is then inhaled. Examples of electronic vaporizers include, but are not limited to, electronic cigarettes, electronic cigars, and personal vaporizers. The liquid cartridges may contain a variety of contents. There are liquids which contain nicotine or THC (chemical compound found in marijuana), but also liquids without either one (just flavored).
The Centers for Disease Control (CDC) recently reported significant increases in calls to poison centers related to e-cigarettes and the U.S. Federal Drug Administration (FDA) has begun the process of writing new regulations governing the fast-growing e-cigarette industry. These new rules are expected to regulate e-cigarettes as tobacco products, pla...
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