Alabama Orange Beach Bans Indoor Vaping and Vape Vending Machines
The City of Orange Beach, Alabama, has taken a significant step towards regulating the use and distribution of nicotine products by amending its existing smoking ordinance. In a unanimous vote during the March 18 council meeting, the city added vaping to the definition of smoking, effectively prohibiting the use of nicotine vaping products in non-smoking areas, primarily indoor public spaces. The amendment also bans vape and tobacco vending machines within the city limits.
The ordinance amendment, which went into effect immediately after approval, aims to address the growing concern over the harmful effects of nicotine products, particularly on minors. The city’s agenda item stressed the need to regulate the distribution of these products, stating that they are “especially harmful to minors.”
During the public comment period on March 11, Jerr McCutchen, co-owner of SanBar and 8 Raele OBAL at The Wharf in Orange Beach, raised concerns about the impact of the amendment on his recently purchased high-security vape vending machine. The machine, which McCutchen claimed to have advanced age-verification features, was intended for use in his 21+ establishment.
However, Mayor Tony Kennon remained firm on the city’s stance against vape vending machines, citing the difficulty in policing their use and the potential for minors to circumvent age restrictions. “I love you Jeremy, but I’ve got an 18-year-old, and there ain’t nothing he can’t figure out to get around,” Kennon said.
The amendment document details the expanded definition of smoking, which now includes “inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted product in any manner,” as well as “battery-powered vape or other devices designed for this purpose.” The prohibited products encompass any smoking device containing “nicotine, THC, CBD, flavorings or any other chemical or substance not medically prescribed by a physician licensed in the State of Alabama.”
The ban on vaping extends to “enclosed public spaces, places of employment, outdoor arenas, and stadiums,” as well as areas within 10 feet of a prohibited area. Mayor Kennon emphasized the importance of this addition, stating that “research has shown second-hand vape smoke is just as toxic as second-hand cigarette smoke.”
City administrator Ford Handley explained that the amendment aims to not only make it more difficult for minors to access vape products but also to reduce the overall ease of purchasing vapes. He highlighted the numerous unknowns surrounding the health effects of vape products and the city’s desire to support restaurants that already prohibit cigarette smoking.
While the amendment is primarily intended to serve as an educational tool for indoor establishments to remind patrons that vaping is not allowed, Handley acknowledged that repeat offenders could face the possibility of receiving a ticket.
As the ordinance amendment takes effect, the City of Orange Beach hopes to contribute to a more family-friendly environment and protect public health by curbing the use of nicotine products, especially among minors. The move is expected to set a precedent for other cities grappling with the growing concerns surrounding vaping and its potential long-term health consequences.
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