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Council adopts business regulations for vape shops, sets downtown hours limits and directs staff on signage study

3539553 · April 23, 2025
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Summary

Council passed business‑regulation amendments for vape retailers that set hours of operation (with a council amendment limiting downtown hours to 8 a.m.–10 p.m.), permit rules, advertising restrictions and a staff directive to research historic‑district signage.

Following adoption of zoning changes, City Council on April 23 approved business‑regulation amendments addressing hours, advertising and operational rules for vape and related retail establishments.

Planner Mackenzie Hicks told the council the business regulations cover definitions, proximity requirements (consistent with the zoning ordinance), and advertising restrictions. The draft initially recommended hours of operation from 7 a.m. to midnight based on P&Z discussion and business comments.

Councilmembers debated hours for downtown (C‑2) versus other commercial zones. Several councilmembers, citing nearby residences and downtown character, proposed an amendment to keep C‑2 hours at 8 a.m.–10 p.m. while permitting extended hours elsewhere. Councilmember Diane Williams moved the amendment: "I move to approve this ordinance with the amendment of the hours to state 8 to 10 8AM to 10PM for Zone C 2 and, 7AM to midnight for all others. I would also like to include in that motion direction to staff to go look and proceed on with a historic downtown overlay for our downtown area so that we can address the sign regulations in there as well." The motion passed and the ordinance was adopted 4–2.

Council and staff also discussed signage and historic downtown character; the city attorney and planner advised that a standalone sign ordinance or an overlay district is the more durable approach to regulate sign form and content without running afoul of free‑speech considerations. The council directed staff to study and return with recommended sign/downtown overlay language.

The adopted business regulation ordinance (2025‑O‑020) also clarifies that certain smoke/smoking retail uses are included under the definitions; it establishes penalties for violations and provides for enforcement under city code. Council emphasized that existing businesses would remain legal nonconforming where applicable and that the city will follow state law regarding age restrictions.

Votes at a glance: Ordinance 2025‑O‑020 (business regulations for vape shops) — Passed, 4–2 (amended: C‑2 hours 8AM–10PM; other zones 7AM–midnight).