City exempts vape shops from smoking ban, with certain rules

Columbus City Council members voted Tuesday to amend the city’s smoking ordinance to align with state law and create an exemption for vape shops.
The council approved in August amending the smoking ordinance to prohibit the use of electronic smoking devices, also known as e-cigarettes, in places where smoking is banned in the city. Council members agreed the ban wouldn’t go into effect until Oct. 19 to allow city officials to revise the ordinance and add vape shops to the list of exemptions.
If approved by the council on final reading, the city’s municipal code would be amended to read: “Indiana Code 7.1-5-12-13(a) allows a city to adopt a smoking ban ordinance more restrictive than Section 7.1-5-12 of the Indiana code prohibition on smoking. Therefore, smoking is further prohibited in the following:
All premises, structures, facilities, establishment, private clubs, bars and/or taverns listed as an exceptions under Indiana Code 7.1-5-12-5(a) (1), (2), (3), (4), (5), (6), (7) and (9).”
This amendment exempts retail tobacco stores, as long as:
  • The store owner or operator holds a valid tobacco sales certificate;
  • The store prohibits entry of individuals less than 18 years old;
  • The sale of products other than tobacco products and tobacco accessories is merely incidental;
  • The sale of tobacco products accounts for at least 85% of the store’s annual gross sales; and
  • Food or beverages are not sold in a manner that requires consumption on the premises and there isn’t an area set aside for customers to consume food or beverages on the premises.
For more on this story, read Thursday’s Republic.