Austin proposal to restrict tobacco sales near schools, daycares draws concerns from businesses

Austin officials said zoning changes could limit youth access to tobacco and vapes, but some business owners worry the rules could restrict growth.

AUSTIN, Texas — The City of Austin is considering new zoning restrictions that would limit where tobacco and vape products can be sold to reduce young people’s access to them, but some business owners said the proposal goes too far and could make it harder for retailers to expand.

In a recent city memo, Austin Public Health (APH) recommended prohibiting the sale of tobacco and e-cigarette products within 1,000 feet of schools and daycares. The proposal would apply to new smoke shops, vape shops and convenience stores, leaving about 600 existing retailers near schools and daycares unaffected.

Stephanie Helfman, program manager for Austin Public Health, said vaping remains a concern in area schools. 

“Most vapes contain nicotine, and nicotine is addictive, and it actually impacts the developing brain. The brain is still developing until the age of 25,” Helfman said. “And so nicotine can really affect the part of the brain that controls impulse control, mood, learning. And so we have concerns about that.”

Helfman said the proposed zoning changes could reduce the number of tobacco retailers near schools and childcare centers, potentially limiting young people’s access to the products.

But some business owners worry the restrictions could limit their options for opening new locations or expanding.

Travis Tyler, owner of Smoking Burnouts smoke shop, said many retail properties in Austin are already near a school or daycare, and that the proposed restrictions could make it harder for businesses to find suitable locations.

“I could see where it would prevent someone from growing, or where it would make somebody want to move faster to secure property,” Tyler said.

Tyler also questioned whether the proposal would keep tobacco and vape products out of minors’ hands. He believes young people are getting the products from stores that don’t check IDs at the door, while smoke shops are required to verify customers’ ages.

Tyler called the proposal an overreach and stated his belief that education should be a bigger focus.

“It’s all about the guy checking ID’s at the register. That’s that’s who keeps the tobacco out of children’s hands,” Tyler said. “And also the, you know, education, I think, does it as well.”

If the proposal moves forward, health officials said it would be part of a broader set of proposed changes to Austin’s land development code. That process is expected to take place next year.