Residents urge city to block vape shop near Davis Place; aldermen say use is currently permitted
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Summary
Residents of Davis Place told the Clayton Board of Aldermen on July 22 they oppose a vaping retail business proposed at 7811 Clayton Road because of its proximity to school routes and family neighborhoods.
Residents of Davis Place told the Clayton Board of Aldermen on July 22 that they oppose a vaping retail business that has applied for occupancy at 7811 Clayton Road, a corner that sits at the southern edge of the Davis Place neighborhood and near the carpool route for Miramark Elementary School.
Sarah Evans, a Davis Place resident, opened public comment: "I am in opposition of High Life Vape Shop opening at 7811 Clayton Road," she said, noting the store's proximity to student routes and citing national concerns about illicit flavored products and high-nicotine devices.
Other speakers from Davis Place — Julia Kotetz (parent and All In Clayton Coalition member), Jessica Dumas (Davis Place trustees representative), Jenny Abeles, Tucker Abeles and Olga Lupugina — reiterated public-health and neighborhood-character concerns and asked the city to stop the proposed use. Michael Wall, a WashU professor and Davis Place member, described the retail marketing for modern vaping products as "predatory" and urged an audit of the permitting process.
City responses and legal context City staff told the board the business had been issued a commercial occupancy permit after a building inspection (fire exits, detectors, doors), and that the applicant has applied for a business license; the city will not issue a business license without a valid occupancy permit. Staff said tobacco and vapor products are regulated under the city's tobacco section of the municipal code and that sales to minors are already prohibited. The code also establishes progressive fines for sales to minors: $25 for a first offense, $100 for a second, and $250 for a third (the transcript noted that $250 is the state maximum for that penalty type).
Mayor McAndrew and staff described the limits of current authority: because retail tobacco sales are a permitted use in the applicable commercial zoning district, the city cannot prevent the specific business from opening under existing code. The mayor said staff would explore options to limit such uses in the future (zoning amendments, conditional-use approaches and signage rules) and to expand compliance checks and training.
Enforcement, compliance and next steps discussed - Signage and window display: Staff said permanent signs require a permit and the city enforces sign standards that also limit temporary window signage; staff will review any sign permit application. - Age checks and compliance testing: Police said they already perform underage-buy compliance checks for alcohol and could expand operations to include tobacco and vaping retailers; fines and administrative processes to suspend or revoke licenses were discussed. - Administrative remedies: City Attorney Kevin O'Keefe described the administrative process to suspend or revoke a business license; an administrative hearing and record would be required and decisions are subject to judicial review.
Public reaction and board intent Residents urged the city to consider stricter zoning buffers near schools and to pursue training requirements for staff selling nicotine products. Several aldermen said they were sympathetic but noted the city's present zoning and state-law limits; the board directed staff to review options, including whether conditional-use rules, buffers, or training requirements could be developed, and asked police to consider expanded compliance checks.
Ending No permit was rescinded at the meeting. City staff said they will notify residents when the matter is brought back for policy or regulatory discussion and will research signage, training and zoning options for future consideration.
