The Killeen City Council voted 5-1 to disapprove an ordinance that would limit new vape shops from within 1,000 feet of a public school.
The dissenting vote came from Councilman Riakos Adams, who initially brought up the motion to the City Council. Councilwoman Jessica Gonzalez was absent.
Councilman Ramon Alvarez said the enforcement of this ordinance would be a “concern.”
He said that vape shops which, by the city’s definition, would receive 80% of sales from vapes, would be difficult for the city to determine.
Alvarez said he believed the intent of the ordinance is “plausible,” but it doesn’t “hit the mark with having something that is actually going to make a difference.”
Councilman Joseph Solomon also said he was concerned because there were “so many questions” and was wondering why the Planning and Zoning Commission voted unanimously to disapprove it.
He said he disapproves of vapes, but said that kids aren’t buying it at vape shops, but tend to buy it online.
“Does this ruling solve anything with vapes or are we just putting something in place … to put something in place. I don’t know how effective this would be,” he said.
He also explained that ordinance wouldn’t cover the private schools, which was also a concern.
The issue was first brought up in January when the City Council approved a motion of direction to change the zoning rules and limit vape and smoke shops that sell tobacco products from being within 1,000 feet from schools.
Vape shops already within that range would be grandfathered in and not required to move.
In January, the council voted 4-3 to move the motion forward, with council members Gonzalez, Alvarez and Jose Segarra voting against the motion.
The city of Killeen identified at least five vape shops within 1,000 feet from a school.
These shops include the Chill Zone on Florence Road, Vapor Maven on East Elms Road, The Vape Shop on Stan Schlueter Loop, Chill Zone 3 on W.S. Young Drive and Killeen Smoke and Vape on Old FM 440 Road, and there are others, officials said.
City staff sent notices to existing businesses that would be “legal nonconforming” if the ordinance is adopted. There are 11 businesses they identified.
Holli Clements, city attorney, confirmed, based on Adams’ question, that legal nonconforming means it is, “legal, as is.”
Revell said that the city regulates where vape shops can be based on their zoning designation, and doesn’t regulate the actual sale.
Mayor Debbie Nash-King asked if the existing vape shops would be penalized.
“No, ma’am,” Revell responded.
The ordinance would have prohibited a new vape shop from opening within 1,000 feet from a public school.
It also would have prohibited vape shops from being within the city’s Historic Overlay District in downtown Killeen.
Camron Cochran, who is running for a city council at-large seat, said Nolanville, Harker Heights and Copperas Cove don’t regulate vape shops.
“The City Council continues to say we’re here to do the city business, but in my opinion we’re adding roadblocks to that business,” Cochran said. “Yes, you’re for small business, but by approving this ordinance, you are putting a roadblock where they’re thinking about putting that small business.”
Councilman Ramon Alvarez appeared to call Cochran’s comments “scare tactics,” reiterating that “legal nonconforming” basically means that it wouldn’t be affected.
Mellisa Brown, a former councilwoman and mayoral candidate, pointed out that these regulations only apply to public schools. “I’m really curious as to why,” she said.
Brown said that vape shops don’t inspire violence downtown, as mentioned by another commenter during last Tuesday’s meeting.
“That had nothing to do with it being a vape shop,” she said. “That had everything to do with the difference between the owner/manager and the person who was doing the shooting.”
Brown also said there are eight locations in historic downtown that serve alcohol.
She also said it making the vape shops legal, nonconforming would cause difficult for the business to refinance.
“There’s been countless times where this council has been presented with zoning cases, because they’re trying to sell, and it’s nonconforming, legal nonconforming,” Brown said.
Sean Price, who is running for a council-at large seat, said nonconforming is “not telling the whole truth.”
He said Brown showed that there would be penalties.
“You made it look like those that come up here and oppose us are somehow lying to the public,” Price said. “That’s not discussed and that’s not disclosed. That’s kept to yourselves.”
He said just because they don’t own these businesses doesn’t mean they can’t read what’s on the city website.
Michael Fornino called the ordinance a “feel…
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