Black Diamond’s smoking bylaw now speaks to vape stores after council amended the bylaw last week to support these types of businesses. Town council added a new section to its smoking and vaping bylaw at its Nov. 7 meeting, which allows customers to vape non-cannabis products for sampling purposes in vape stores. The bylaw, approved by council on Oct. 17, the same day marijuana was legalized in Canada, previously prohibited smoking in workplaces and public buildings. This new section provides an exemption for businesses selling vape products. Kathleen Hurtak, who owns Northern Vape Co. with husband T.J., said she’s thrilled with council’s decision. “I was really happy to hear they were amending it and the fact it has gone through was really exciting,” said Hurtak. “It’s a good decision on the part of town council.” Hurtak said allowing customers to sample their vape products makes a huge difference in the experience, especially for those considering quitting cigarettes. “It helps them try the flavours to see if they’re going to like it,” she said. “That keeps them away from smoking (cigarettes) if they can try it and know what they’re getting into.” Hurtak said her employees check customers’ identifications to ensure minors aren’t sampling the products. The suggestion to add a new section to the bylaw pertaining to vape stores came from Coun. Veronica Kloiber at council’s Oct. 17 meeting. Kloiber had told council the smoking and vaping bylaw puts restrictions on businesses that sell vape products and allow customer to sample their products. Another change administration looked into for the bylaw, upon the request of Coun. Jackie Stickel, was establishing designated tobacco smoking areas due to Stickel’s concerns that Alberta’s Tobacco and Smoking Reduction Act leaves few places for people to smoke and vape tobacco in commercial and public areas in town. She told council if a person has to be five metres from the door and five metres from the sidewalk, as stated in the bylaw, it leaves little space for people to smoke. Sharlene Brown, chief administrative officer, told council last week that creating specific smoking areas isn’t easy. “Establishing designated smoking areas is going to take a little bit more work to be able to deal with it,” she said. In consulting with lawyers, Brown said she learned council’s decision to restrict cannabis use exposes it to the risk of constitutional challenges against the Town’s ability to pass a bylaw that infringes on the rights to use medical cannabis. She said administration will research how other municipalities are handling the issue and come back to council with more information at a later date. Black Diamond’s smoking and vaping bylaw prohibits smoking and vaping cannabis and tobacco in public places, workplaces - with the exception of vape stores - and vehicles where minors are present.
