Smoking & Vaping Ordinance
The San Antonio Smoking Ordinance, Chapter 36, provides for smoke-free air. In 2010, the City Council adopted this ordinance. The ordinance addressed smoke from combustible smoking devices (such as cigarettes, and cigars). In 2014, electronic smoking devices (ESDs), such as e-cigarettes or vapes, entered the market. Thus, ESDs were not included in the 2010 Smoke Free Ordinance.
Ordinance Amendment
The purpose of this 2024 amendment is to include ESDs. This prohibits the use of ESDs in the same places where smoking is currently prohibited.
NOTE: The amendment becomes effective January 1, 2025.
Changes to the Current Ordinance
The amendment to the San Antonio Smoking Ordinance will include three changes related to ESDs and one change due to the preemption of state law.
- Add the definition of Electronic Smoking Devices (ESDs) to the Section. 36-1. Definitions.
- Include ESDs in the definition of Smoking in Section. 36-1. Definitions.
- In Section. 36-10. Posting of Sign.: Establishments will be required to include the electronic smoking device icon on signs. This should be with the traditional cigarette icon. Both icons should be enclosed in the standard red circle with a red bar across them. This signage will be required for every public place and place of employment where smoking is currently prohibited.
- Section 36-5. Distribution, display, and sale of tobacco products; and cigarette machines.: San Antonio was the first city in Texas (in 2018) to increase the age of sale to 21 years. This was preempted by the State's law passed in 2019. Thus, our local language was removed.
Benefits
The amendment to the San Antonio Smoking Ordinance benefits the community. It prohibits exposure to both secondhand smoke and the vapor from electronic smoking devices. This protects employees and patrons from exposure to dangerous substances.
Many tobacco and vaping products contain harmful chemicals. These can damage your lungs and affect brain development. This is especially troubling for young people.
Vaping Purchases & Underage Use
The Texas State Law applies to purchasing vapes. It dictates the age restrictions and still applies on fines for purchase, use and possession of vapes by people under a certain age.
Building & Business Owners
The amendment restricts vaping in the same places where smoking is restricted. Restrictions and penalties for vaping are the same as for smoking. The amendment does not change those current rules.
Signage
If your signage includes the smoking and vaping icons with the red circle and a red bar across them, then you are in compliance with the Amendment.
If you do not have a "no vaping" sign, you need to add a sign and start prohibiting vaping in your building. You can download templates for new signage below. These include the electronic smoking device and the traditional cigarette in the standard red circle with a red bar across them. You can also buy your own sign if it includes both symbols (cigarette and electronic smoking device).
State Law
In 2019, the 86th Legislature passed Senate Bill 21. This increases the legal age from 18 to 21 for cigarettes, e-cigarettes or tobacco product activities, including:
- sale
- distribution
- possession
- purchase
- consumption
- receipt
The State Law became effective September 1, 2019. The City's Tobacco 21 ordinance is no longer in effect.
Information for Retailers
As of September 1, 2019, the State of Texas provides retailer education materials and enforcement for Senate Bill 21 (Tobacco 21). Visit the Texas Comptroller's Office for more information.