Ozark City Council Rejects Local Vape Tax After Hearing from the Public, Approves Grant Expense for Autrey Recreation Center During Regular Scheduled Meeting
By: Jeff Devine
The Ozark City Council met Tuesday, September 16, for its regular scheduled meeting. During the administrative session, the council reviewed and approved the evening’s agenda and held a public hearing to allow residents to voice their opinions on a proposal to levy a local tax on vaping products.
While no residents spoke in favor of the tax, several individuals spoke out in opposition.
Attorney Garrett J. Saucer, representing the Petrey Wholesale Company, spoke at length against the proposal. He explained that his company does business with several local shops that would be negatively impacted and warned that consumers would be encouraged to shop elsewhere. “What we don’t want is for municipalities…like Ozark to have their small businesses disadvantaged should this come into play,” Saucer said.
He also warned, “If you pass this tax…your retailers, here, will have a scarlet letter on their head…and they will be singled out.” Saucer argued that adding a local tax on top of the new Alabama state vape tax, which takes effect next year, would push customers toward other cities without the additional tax or even to illicit, unregulated sources. He stressed that while he personally does not vape or advocate for vaping, his concern lies with the potential negative impact on businesses and consumers.
Councilman Winston Jackson asked City Clerk and CFO Chris Peters to provide revenue data. Peters explained that tobacco tax revenues have been declining, noting collections of $272,201 in 2020 and $277,984 in 2021, compared to a projected $193,175 for 2025.
“Where has it gone? It has gone to vaping,” Peters said. “The assumption is that this is double taxation. I have to disagree. My argument is that a local tax is better because the state can go in and change whatever they want, whenever they want…if we do it, we know what it’s going to be. For us, $0.10 per milliliter. You can look at it that way, but a tax is a tax. The tobacco tax, how is that done? There is the state tax and there’s a city tax. Why would you do vaping any different than the tobacco tax?”
Peters emphasized that revenue loss is tied to the shift from traditional tobacco products to vaping. “If we don’t incorporate this tax now, we won’t ever get the opportunity to do it again,” he said, pointing to state law that prohibits municipalities from passing new local vape taxes after October 1, 2025.
In response, Saucer said, “Just because you have a small amount of time to do something doesn’t mean making that decision in the affirmative is the best solution.”
Another resident questioned whether vaping is a healthier option than smoking and suggested the tax would “penalize those who are stopping smoking.”
Council President Brenda Simechak noted that while the science on vaping remains mixed, the council’s decision focused solely on whether to approve the proposed tax and not address the question of the possible health benefits of vaping versus smoking tobacco.
A woman then told the council, “With this tax, this is going to impact low-income families…this is asking those citizens who vape to pay more, and then the money that is collected by the state, Ozark doesn’t get. That’s just the point I wanted to make.”
Another resident added that nicotine from vaping “is just as addictive as smoking cigarettes. So, for somebody who wants their nicotine, you will drive out of your way to find cheaper if you need it.” She suggested that if Ozark did not pass the tax, vapers from Dothan might travel to the city to purchase cheaper products and, while there, spend additional money at other businesses.
Other Council Business
After the public hearing closed, the council moved on to the voting agenda. In addition to the ordinance, members added a resolution confirming the cost of a weed lien at 545 Eufaula Street. This measure applies when the city must mow the lawn of a property that is not maintained and becomes overgrown.
Final Comments Before Voting
During final comments, Jackson asked Peters about bids for beer sales at the Civic Center. Peters reported that no bids had been received. Harlows currently holds the liquor sales contract, which expires September 30. The city is seeking new bids for beer sales at the Civic Center, due by 3 p.m. on September 25. Peters suggested that event organizers apply for a “special event license” from the ABC Board if no vendor is in place.
Councilman Perault announced a ribbon-cutting ceremony at Matthews Stadium at Carroll High School on Friday at 6:30 p.m.
Councilman Harlow had no final comments. Simechak highlighted the weekend’s production of Home Run at Flowers Center, saying, “Thank you to those who went to the Flowers Center show on Saturday.”
The council then adjourned briefly for three minutes before reconvening to vote on the agenda items.
Voting Session
When the meeting resumed, Councilman Enfinger led a prayer, followed by the Pledge of Allegiance.
The council unanimously approved the minutes from both the September 2 Special Council Meeting and the September 2 Regular Council Meeting.
The evening’s agenda was also approved unanimously.
Item #5: Ordinance to levy a local excise tax on consumable vapor products. Enfinger made a motion to bring the ordinance to a vote, but with no second, the motion failed. No vote on the ordinance itself was held.
Item #6: Resolution confirming the cost of the weed lien at 545 Eufaula Street. Motion by Jackson, seconded by Perault, passed unanimously.
Item #7: Approval of a Wiregrass RC&D Grant for the Autrey Recreation Center’s summer and after-school programs to replace refrigerators. Motion by Harlow, seconded by Enfinger, passed unanimously.
Closing Comments
Before adjourning, Jackson commended the street department for recent cleanup efforts and reminded the public about Make a Difference Day on October 25, beginning with breakfast at First United Methodist Church.
Simechak added, “If you are not familiar with what that is, Make a Difference Day…it’s a nationwide day where anyone can just go help with any sort of project. In Ozark…First United Methodist (FUMC)…heads it up.” She explained that local organizations coordinate with FUMC to match volunteers with projects. “It concludes with lunch at Ozark Baptist. It is a great community-wide day of appreciation and help.”
With no further comments, the council voted to adjourn.
The Dale County Chronicle recorded the meeting, and that video can be found on our YouTube channel youtube.com/dalecountychronicle
