Shawnee is continuing the temporary prohibition of new vape shops in the city.
The council unanimously decided in its Tuesday meeting to extend the moratorium that regulates the retail operation and conduct of new vape and inhaling shops in Shawnee. The city began the moratorium in March and is now extended until July 1, 2019.
During the Tuesday meeting, councilmember Jim Neighbor said he believes the Food and Drug Administration is also in the process of creating regulation on vapes and e-cigarettes. There was no other discussion.
Deputy city manager Stephen Powell said the city’s moratorium limits the number of businesses selling vaping or e-cigarette products to those businesses that were open on or before March 26, 2018.
“This means that new businesses locating within the city will not be permitted to sell vaping/e-cigarette products until the governing body decides whether such sales will be regulated and to what extent,” Powell said. “We are awaiting a ruling by the Kansas Supreme Court on the Topeka case so that we’ll have guidance on what regulations we can or cannot put in place.”
Shawnee isn’t prohibiting vape and e-cigarette purchase and use for people ages 18 to 20, although the council discussed it in March. State law permits the sale of tobacco products and electronic cigarettes to people 18 and older but younger than 21.
Topeka extended prohibition of these products to people between the ages of 18 and 20; the Kansas Supreme Court is reviewing that challenge in case DWAGFYS Manufacturing v. City of Topeka, Kansas. The Kansas Supreme Court is still reviewing whether cities in Kansas can regulate the vaping age, according to a Nov. 13 city memo.