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 will prohibit the use of ESDs in the same places where smoking is currently prohibited.
NOTE: If approved, the amendment will become effective January 1, 2025.
Changes to the Current Ordinance
The amendment to the San Antonio Smoking Ordinance will include three changes.
- 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.
Benefits
The amendment to the San Antonio Smoking Ordinance will benefit the community. It will prohibit exposure to both secondhand smoke and the vapor from electronic smoking devices. This will protect 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 possession or use of vapes by people under a certain age.
Building & Business Owners
The amendment will restrict vaping in the same places where smoking is restricted. Restrictions and penalties for vaping will be the same as for smoking. The amendment will not change the 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 is now providing retailer education materials and enforcement for Senate Bill 21 (Tobacco 21). Visit the Texas Comptroller’s Office for more information.