LAKEWOOD, Ohio – City Council will consider whether to impose a temporary moratorium on new businesses selling electronic cigarettes.

City Law Director Kevin Butler introduced the resolution (see below), which has been referred to council's Public Safety Committee for further discussion.

Butler expressed concern about e-cigarettes and other alternative nicotine products, saying state law does not regulate sales to minors. State law prohibits the sale of tobacco products to those under 18, but it does not apply to e-cigarettes, which deliver nicotine through a vapor.

The e-cigarettes are of particular concern because some are marketed with candy flavorings, Butler said.

The Ohio General Assembly is considering a bill that would regulate sales to minors. It has passed the House but is awaiting action in the Senate.

"We did not believe it would be advisable to permit the expansion of that industry in the city of Lakewood when the law on sales to minors was still unclear," Butler said, explaining the administration's position.

The moratorium, if approved, would prevent the building department from issuing building permits or certificates of occupancy to any new businesses that sell or plan to sell e-cigarettes. Building officials would ask applicants about such plans at the time of their application, Butler said.

The moratorium would have no effect on existing businesses that sell e-cigarettes unless they sought a permit to expand.

Businesses that frequently sell such products, such as drug stores and grocery stores, could still get building permits and certificates of occupancy if they agree not to sell the products.

The moratorium would remain in effect for six months or until the General Assembly passes a law restricting sales of e-cigarettes to minors, Butler said.

"We have no reason to believe right now that the General Assembly is not going to pass some form of ban on sales to minors, but we didn't want to take that chance and permit the expansion of the industry in a city while the law was still unclear," Butler said.

Electronic cigarettes, which contain a battery, heat a liquid that produces a vapor the user can inhale. Manufacturers market the products as an alternative to smoking without the ash or carbon monoxide associated with traditional cigarettes.

Council referred the matter to committee without comment.