Photo by Emilie Boenig Lutostanski

The regulation of electronic cigarettes has been discussed in several Williamson County communities including Cedar Park.

Concerns raised by Cedar Park residents and businesses owners prompted City Council to review the city's smoking policies April 24.

Place 2 Councilman Mitch Fuller said he asked staff to provide an overview of the city's smoking ordinance after receiving feedback from David Johnson, the owner of the Rail Yard Shopping Center on Whitestone Boulevard. The city bans smoking in publicly owned buildings, and the state bans smoking in enclosed areas such as schools, hospitals and libraries, said Mauro Lopez, city of Cedar Park management intern.

"The city does not place any prohibition on private businesses like restaurants, bars [and] things like that," Lopez said. "Those restrictions are done at the discretion of the business owner."

Cedar Park has fewer smoking regulations compared with benchmark cities such as Georgetown, Pearland and Flower Mound, Lopez said. Most comparable cities prohibit tobacco use in restaurants and about half ban smoking in bars, he said.

Speaking on behalf of his father David, Hunter Johnson said smoking has become a problem for some of the tenants of their property.

"We have been having some issues with some of the smoking businesses in our multi-tenant buildings at the Rail Yard Shopping Center affecting some of our child-based businesses. We're actually having some tenants having to relocate because of the situation," Johnson said, adding that the problem could be fixed through a lease agreement but the family will not have that opportunity for at least three years.

"Smoke permeating the walls has been an issue we've dealt with over the years, and we thought we cured, but after 10 years of heavy daily smoking occurring, it only seems to be getting worse. Smoking patrons standing outside the door is also a problem."

City Council discussed local policies that would also regulate electronic cigarettes, or battery-powered devices that heat liquid to produce vapor that may contain nicotine. Williamson County extended its ban on tobacco to include e-cigarettes in February; however, council members had mixed opinions on how the devices should be regulated.

Of comparable cities, less than half regulate e-cigarettes, but those that do typically ban its sale to minors, Lopez said.

"I didn't know a minor could buy an e-cigarette," Fuller said. "I'm very surprised by that."

Representatives from the American Heart Association and the Substance Abuse Prevention Coalition spoke to City Council in favor of more smoking and e-cigarette laws at the city level. Christie Robertson, owner of local e-cigarette store Vaperz, said she hoped the city would not regulate e-cigarettes as if they were a tobacco product.

The U.S. Food and Drug Administration has proposed extending its authority to regulate e-cigarettes, but the rule is not final. Mayor Matt Powell said he and other city staff intend to have ongoing conversations about the Cedar Park's smoking policies including limiting the sale and possession of e-cigarettes to minors.

"If you choose to smoke or vape ... in your home, then that's your right. If you own a business and make the business decision that you want to allow that, I think that's your right to do and it's my right to decide to whether to frequent your business," Powell said. "I'm open to the discussion, but I'm generally predisposed to being opposed to this sort of regulation."