Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Business Licensing topic
No spam. Unsubscribe anytime.
Commission approves Fox Cigar Lounge CUP with liquor license for Surprise Point site (FS240622)
Summary
The commission approved a conditional use permit 6‑0 to allow Fox Cigar Lounge to operate a smoking lounge with a liquor license at Surprise Point (case FS240622). The applicant presented an air‑filtration and mitigation plan and staff found the proposal meets LDO standards; one nearby resident raised concerns at the neighborhood meeting.
The Surprise Planning and Zoning Commission voted 6‑0 to approve a conditional use permit with site plan to allow Fox Cigar Lounge to operate a smoking lounge with a liquor license in an existing suite at Surprise Point Commerce Center (case FS240622).
Planning staff member Leslie told the commission the proposal converts an eastern suite to an indoor lounge of about 4,500 square feet with a 1,200‑square‑foot covered patio. The site is in the Surprise Point planned area development (PAD) and staff determined the proposal meets the LDO use‑specific standards. Staff noted that the City Council previously amended the LDO on Sept. 17 to allow patrons to smoke on covered patios in that PAD.
Thomas Galvin of Rose Law Group, representing owner‑operator Mitchell Fox, said the business operates two established locations in Scottsdale and Gilbert and that the Fox team submitted a smoke mitigation plan and employee training program. Galvin said the mitigation package includes indoor filtration units and patio exhaust, and identified Mitchell Fox and Samantha Flynn as responsible parties for system operation and enforcement.
Commissioners discussed public health and nuisance concerns. Commissioner Perry said he visited existing Fox locations and supported bringing a controlled venue to the west Valley. Chair Holland said his support was based on the mitigation measures proposed, not an endorsement of smoking as a health choice: "This will be a place where individuals who enjoy smoking ... will have the opportunity to do so freely, and it will then not be dissipated out to the rest of the community," he said, citing the filtration plans the applicant presented.
Leslie and the applicant advised the commission that the smoke mitigation system will be confirmed at building permit review and that the applicant has proposed staff training, incident logging and a tiered violation policy. A neighborhood meeting on Oct. 10 drew one attendee who expressed concerns about secondhand smoke; staff reported no other public comment. The commission approved the CUP subject to stipulations A through E as listed in the staff report.
