Planning commission forwards vape-shop rules to council after hours, age provisions amended

Liberty Hill — The Planning & Zoning Commission reviewed proposed zoning and business regulations for vape shops that would place new 1,000-foot distance limits between new vape shops and "sensitive areas" and between vape shops themselves, and would change operating rules including hours and on-site age limits.

The proposal, presented by planning staff, would require at least 1,000 feet between new vape shops and schools, day cares, video-arcade facilities, parks, community centers, libraries, places of worship and residential zones; bar new clustering by keeping vape shops a minimum of 1,000 feet apart; allow vape shops by right in C-3, I-1 and I-2 zones; allow them with a conditional-use permit in C-1 and C-2; and prohibit them in agricultural, single-family, multifamily, public/institutional and park zoning districts. The staff presentation also described proposed business rules: limits on hours, a ban on outside sales and a prohibition on persons under 21 being on the premises.

The commission was told the proposal includes a notice requirement undertaken under what staff described as "Senate Bill 9 29" (as read in the hearing) and that 16 property owners and tenants were mailed notices; at the time of the presentation two parties had reached out and the packet contained one letter of opposition, with two additional letters later provided to commissioners.

Why it matters: The combined zoning and business-regulation package aims to reduce youth exposure and place vape shops away from places where minors congregate, while allowing existing, lawfully established shops to remain as legal nonconforming uses. That status allows continued operation but can limit expansion or a change to a different nonconforming use.

Details of the rules, as read into the record by planning staff, include: - A 1,000-foot buffer between new vape shops and designated sensitive uses and residential zones (measured to residential zones as designated in the city zoning ordinance, not to land use). The staff reading explicitly tied the residential restriction to "residential zones as designated by city zoning ordinances." - A clustering rule that prevents a new vape shop from locating within 1,000 feet of an existing vape shop. - Use allowances: vape shops allowed by right in C-3, I-1 and I-2; allowed with conditional-use approval in C-1 and C-2; prohibited in AG, SF (single-family), MF (multifamily), P (public/institutional) and Park zoning districts. - Business regulations read into the record that would: set hours of operations, ban outside sales and prohibit persons under 21 from being on the premises (the staff reading noted the age restriction would prevent under‑21 people from being inside the business regardless of whether the shop is freestanding or part of a retail strip).

Several business owners and residents spoke during the public hearing. Ruslan Serduke, a store owner at 112 High Mesa Drive, said the proposal "is awesome" overall but asked the commission to allow opening at 7 a.m. and staying open until midnight; he said about 15% of his sales occur in the currently proposed restricted hours and that he employs nine people and "would have to get rid of 2 of the people" if hours were shortened. Mike Cobble, owner of Drip and Rip Vapes, said his stores card all customers and asked that child accompaniment by adults be permitted rather than a strict ban on minors entering the premises, saying a strict ban could force parents to leave children in cars.

Staff clarified that existing, permitted vape shops with certificates of occupancy would become legal nonconforming uses: "they're gonna be allowed to stay," planning staff said, but expansion, change of use, structural additions or abandonment could trigger loss of that protection. Staff also read a definition of “vape shop” into the record that would include establishments commonly identified as retail tobacco stores, smoke shops, vape lounges and similar establishments.

Commission discussion focused on balancing public-safety and youth-protection goals with impacts on existing businesses. One commissioner said the hours change to midnight "makes enough sense to me" and favored allowing minors to enter when accompanied by an adult; another commissioner noted that state law may govern age restrictions and suggested deferring to state requirements.

Formal actions recorded in the hearing record include two steps tied to separate ordinance items. Commissioners accepted the zoning ordinance (the item described as "A," zoning) as presented. For the business-regulations item (item "B"), a commissioner moved to forward the ordinance to council with edits to set operating hours from 7 a.m. to midnight and to remove the local age‑restriction language so the city would defer to state law. That motion was seconded. The transcript records the motion and a second, but a roll-call vote tally is not recorded in the provided transcript.

What remains: The commission's recommendations will go to city council for consideration. If approved as forwarded, new buffer, clustering and zoning rules would take effect as applied to future vape-shop permits; existing vape shops that remain unchanged would retain legal nonconforming status but would be restricted from expansion or change of use that would conflict with the new code.

Quotes (selected): "I actually have a 1 star review about a lady complaining about not being able to buy something without her ID...Thank you for letting everybody know," Ruslan Serduke said, describing his compliance practice. "We're not going to sell to anybody under the age of 21, and we do card everybody that comes in the door," Mike Cobble said, adding he urged allowing children under supervision.

Ending: The Planning & Zoning Commission's recommendation on the zoning text will move forward to council as presented; the business-regulations package will be forwarded with the commission's edits (hour change to 7 a.m.–midnight and removal of a local under‑21 ban so state law applies). The city council will make the final decision on both items.