Union City to Regulate E-Cigarettes the Same as Tobacco, Bans Vapor Lounges

In what officials say is an effort to create a healthy environment, the City of Union City has decided to regulate e-cigarettes and vape pens under the same restrictions as tobacco products, despite the fact that the devices do not contain tobacco. 

The City Council voted 5-0 Tuesday night to amend its municipal code and add the new restrictions, which also bans vapor lounges/bars and hookah bars/lounges from opening within city limits and establishes a minimum pack size for cigars and cigarillos. The ordinance also officially bans marijuana dispensaries from opening, putting to rest an issue the city has wrestled with since a dispensary tried to open up under the city's radar in 2012.

The new regulations will go into effect 30 days from its adoption Tuesday night.

“We are not banning e-cigarettes as some people have mistakenly assumed,” Mayor Carol Dutra-Vernaci told Patch. “People can certainly use electronic cigarettes, but we’re regulating them the same as tobacco … we’re placing them in the same category of tobacco in terms of an item that may promote youth to smoke.”

For e-cigarette and vape pen users in Union City, that means you can no longer puff your vape inside of buildings, must be at least 25-feet away from the entrance of any establishment or public use space, and must adhere to Union City’s smoking ordinance, which last year also made it illegal to smoke in multi-family rental complexes.

As with tobacco products, e-cigarettes can not be sold or distributed within 1,000 feet of “sensitive use” areas such as playgrounds, schools and churches. Furthermore, all vape products must be kept behind the counter and out of reach from minors, according to the City of Union City.

'Vaping' a widespread trend

E-cigarettes and vape pens are non-flammable inhaler-like devices powered by small batteries that heat flavored liquids to create vapor. Similar devices allow users to vaporize hash oil. Though the devices were introduced about a decade ago, they’ve only recently become popular in the Bay Area, especially among the younger crowd. 

According to the Center for Disease Control and Prevention, one out of five adults has tried an e-cigarette. People can be seen puffing on vapes while driving, inside of restaurants and bars, and in front of coffee shops in Union City and just about anywhere across the state.

The Tri-City area and surrounding communities are already home to various stores and lounges dedicated to the new lifestyle trend, such as Vapor Planes and Art of Vapor in Fremont, Tri-City Vapes at NewPark Mall, It Is Vapor 5 in downtown Hayward and the just-opened Cool Vape near the 24-Hour Fitness on the Hayward-Union City border. 

Proponents believe that vaping can help cigarette smokers kick the habit, and promote it as a clean, safer alternative to the Marlboro man’s method of smoking because vapor liquids don’t contain any tobacco, only nicotine — if you want it. Vape users can opt for zero-nicotine liquids.

The hobby has helped smokers ween off of smoking tobacco, according to Sam Randhawa and Munvir Aulakh, Union City residents who recently opened their Vapor Planes lounge in Fremont.

“Everyone I know starts with a high amount of nicotine and regresses,” Aulakh said.

Mayor Dutra-Vernaci doesn’t have any issue with people using e-cigarettes and vapes.

“People are more than welcome to purchase them and use them to get them off of tobacco cigarettes,” she said.

But health officials are weary of the trend. Despite appearing to have fewer toxins than traditional cigarettes, the CDC says more research is needed to determine its long-term effects.

Officials are also concerned that it may entice younger non-smokers to become addicted to nicotine. Many of the liquids used in vapes come with fruity and sweet flavors such as “Bubble Gum,” “Grandma’s Cookies,” “Summer Watermelon” and “Morning Mocha.”

Mayor Dutra-Vernaci said the impact on youth was a major factor in the City’s decision Tuesday night.

According to city staff, the topic of vaping in Union City was brought to the City Council by the Union City Youth Commission, who briefed city leaders in May about how vaping may appeal to children. In July, the City issued a temporary ban on vapor lounges and shops from opening in Union City.

Part of the reasoning behind the ban and regulations is also due to Union City’s goal of being a smoke-free community. The city was awarded an ‘A’ from the American Lung Association multiple years in a row.

“This continues down that path of creating and maintaining a healthy community,” Dutra-Vernaci said.

------

Sign up for the free Union City Patch newsletter | Like Union City Patch on Facebook | Follow @UnionCityPatch on Twitter | Blog for Union City Patch