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ORANGE BEACH — Nicotine and vaping products are now prohibited in the City of Orange Beach’s non-smoking areas.

The city presented the ordinance amendment to regulate the distribution of nicotine products, which are “especially harmful to minors,” the agenda item reads, adding it to the city's definition of smoking.

This ordinance was unanimously approved at the March 18 council meeting after each councilmember agreed to suspend the rules to vote on the issue at the meeting rather than wait two weeks. 

Vaping was added to the definition of smoking and will not be allowed indoors as the action went into effect immediately after approval. This approval also bans vending machines for vapes and nicotine products.

Jerr McCutchen, co-owner of SanBar and 8 Raele OBAL at The Wharf in Orange Beach, addressed council during the public comment period March 11 because he purchased a high security vape vending machine to use in SanBar two months ago.

“What it does is as you make your selection you then are required to put your government issued ID into the machine and your telephone number,” McCutchen said. “It then sends a third-party app to your phone that then does a facial scan to compare it against your ID.”

McCutchen said he is aware of the issue with “underage people having access” but that he found this to be an interesting setup that would allow the bar to sell tobacco and nicotine products to 21-and-older patrons.

“Can you take this thing back? I don’t see any movement on vape vending machines. I don’t see that at all," Orange Beach Mayor Tony Kennon said.

McCutchen asked since he is in a 21+ establishment if that would allow him to have the machine. Kennon said another part of the ordinance is to prohibit smoking in enclosed areas where smoking is prohibited.

The amendment document states that vaping and vape products will be added to the definition of smoking, prohibiting the use of smoking anything in “enclosed public spaces, places of employment, outdoor arenas and stadiums” and at least 10 feet outside of a prohibited area.

Kennon said this was added because “research has shown second-hand vape smoke is just as toxic as second cigarette smoke.”

The document details how this amendment will contribute to the “overall family-friendly environment” of Orange Beach. It also details how smoke from vape products can increase serious physical and mental health risks.

While gas station attendees “are probably easier to get around,” as McCutchen said, Kennon said the main problem would be “how do we police it?”

Kennon responded, “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.”

McCutchen told the council, “I would like to demonstrate it for y’all.”

Kennon agreed that he would like to see it but he didn’t want to lead McCutchen “down the wrong road” thinking he would be able to still use his new vending machine.

“And you hate to hurt those that are responsible,” Kennon said, “but at some point, there’s some things that will proliferate that you can’t police, we don’t have the ability to police, and vaping is an issue, especially with our kids.”

The city's administrator, Ford Handley, said vaping in public places has been a "main issue" that the city has delt with, specifically with concern toward minors.

He said the goal of the amendment is to not only make it "difficult for kids" to have access to vape products but to make it harder for anyone to purchase vapes too easily. He mentioned how there's "so many unknowns" with vape products and how they affect users' health.

"We don't want more access with the vending machines," Handley said. "If you put a (vape) vending machine in one location, the next thing you know there's 30 across town."

Handley explained how this amendment is to help restaurants specifically that don't allow the smoking of cigarettes to "give them more support" when telling customers that they're not allowed to vape in the establishment.

The amended definition of smoking will include, “inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted product in any manner.”

“Battery powered vape or other device designed for this purpose” will be added to the list of products.

It also details how the prohibited product includes 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.”

Handley said he was not sure on any fines associated with smoking or vaping indoors, but he could see it getting "to the point of writing a ticket." He said the amendment is set to be "more as an educational thing" for indoor establishments to gently remind their patrons that vaping is not allowed in their building.

The ordinance amendment is set to go into effect after it has been approved and published around the city.