Council approves tobacco endorsements but asks license committee to review Burn Gallery ‘pay-ticket’ campaign

Burlington City Council approved the city’s 2025–26 tobacco and tobacco‑substitute endorsement renewals on April 28 and also asked the license committee to report back on a policy for notifying the state Cannabis Control Board about objectionable conduct by local cannabis licensees.

The action followed public testimony and a council exchange about a campaign by Burn Gallery Smoke Shop (separate from an adjacent cannabis dispensary) that reportedly offered to pay public‑consumption tickets for people ticketed for smoking cannabis in public. Tito, who identified himself as president of the Burn Gallery operation on Main Street, told the council the promotional idea was a locally driven marketing campaign aimed at a struggling downtown business: “It was about survival.”

Council concerns and motion: Several councilors raised concerns that a regulated retail licensee should not encourage behavior that could interfere with enforcement or city public-safety efforts. Councilor Litwin asked the license committee to examine whether the local cannabis control process can and should flag objectionable conduct by licensees to the state Cannabis Control Board, or otherwise develop a process for doing so. Litwin moved that the license committee report back by June 16 on the process, which the council approved; the motion to refer the matter to the license committee passed 11–1.

Licensing votes: After that referral the council moved and approved the underlying tobacco and tobacco‑substitute endorsement renewals as listed on the agenda. Councilors noted that under state law the city’s role in approving tobacco endorsement renewals is largely ministerial, and that any enforcement steps for cannabis licensing will rest with the state board.

What it does not do: The council’s direction was narrowly procedural — it did not suspend or deny any license renewal. The referral and subsequent staff and committee work will study whether and how local officials may document complaints or objectionable conduct for state-level review.

Next steps: The license committee will consider the issue and report back to the full council by June 16 with recommendations, per the referral motion. The city clerk and license staff will continue to process the routine renewals.

Context: Councilors and the public stressed a distinction between the cannabis dispensary regulated by the Cannabis Control Board and the adjacent smoke-shop business that sells tobacco and paraphernalia; council discussion noted the businesses operate as separate retail spaces and that municipal tobacco endorsements are required by state statute for certain items.