Planning board recommends against North Beach exemption that would relax minimum distance for tobacco and vape sales

The Planning Board voted Sept. 9 to transmit an unfavorable recommendation to the City Commission on a proposed ordinance that would exempt certain convenience stores in a defined portion of Collins Avenue in North Beach from the city’s minimum distance separation rules for tobacco and vape retailers.

Staff told the board the proposed amendment was narrowly motivated by a business request but could encourage future requests to relax separation requirements. The amendment would have allowed a tobacco/vape dealer inside a convenience store in a CD‑2 zoning district fronting Collins Avenue between 60th Street and 67th Street (approximate) if no more than 5% of the convenience store’s floor area contained tobacco, vape, or smoking‑device products. Staff reiterated the intent of current rules: to limit access and exposure to children and adolescents and to prevent proliferation of such dealers in tourist areas.

Board members discussed signage, whether nicotine‑containing non‑tobacco products are covered, and whether the amendment was motivated by a single business request. One board member said staff’s recommendation was appropriate: “I’m going to be voting no on that,” he said, explaining a long history of problems with proliferation of these uses in the area. Another board member moved to transmit an unfavorable recommendation; the motion carried.

The Planning Board’s unfavorable transmittal will go to the City Commission, which may adopt, modify or reject the recommendation.

Staff flagged in the public record that adopting the exemption would require careful code drafting to avoid broader, unintended changes, and recommended that the commission deny the requested exemption.