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Council Weighs 12‑Month Moratorium on New Convenience Stores, Gas Stations and Smoke Shops

5495996 · July 15, 2025
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Summary

Planning department staff recommended a temporary moratorium to verify whether the city should limit proliferation of convenience stores, gas stations with convenience components and smoke shops; council members pressed for data on existing locations, exemptions for underserved areas and alternatives to address food access concerns.

City Council and planning staff debated a proposed 12‑month zoning moratorium on new convenience stores, gas stations with convenience components and smoke shops during Monday’s work session.

Tito Martinez, assistant director of planning, said the planning commission unanimously requested the moratorium to “hit the pause button” while staff gathers data and considers ordinance amendments. “They asked what can we do to stop the spread of convenience stores and smoke shops, and a moratorium was presented to them by me as an option on a temporary stop while we look at how to address their concerns,” Martinez said.

Martinez told council staff counted more than 50 related businesses citywide: “22 stand alone convenience stores, 21 gas station with convenience stores, and 9 smoke shops operating within Binghamton city limits.” He said three new applications were pending at the time of the meeting.

Why it matters: council members raised two main concerns—possible oversaturation discouraging grocery-store investment in low-income neighborhoods, and the public‑health issues tied to the types of products sold in some outlets. “If you have an area that has nothing nearby but a convenience store, that one convenience store is very important. But when you have 3 on a block, that’s not really helping anybody,” Martinez said.

Council members voiced several reservations: some urged more data before imposing a broad citywide moratorium; others asked for geographic or population‑based exemptions so that neighborhoods without grocery access would remain eligible for new stores. One council member flagged food access on the South Side and asked whether the moratorium would prevent a store that residents rely on from opening; Martinez clarified that existing stores and applications already approved would not be affected and that the moratorium is intended to stop only new applications while policy options are studied.

Public‑health and enforcement issues also featured in the discussion. Martinez described cases where products such as kratom and other marginally regulated items are sold at convenience stores and said some operators can avoid review by structuring an outlet as general retail rather than a convenience-store use. He noted the moratorium could create time to consider zoning changes, proximity limits, exemptions and a possible shorter duration—the planning commission had initially recommended six months, but asked council for a 12‑month pause.

Next steps and open questions: Council requested staff return with mapped locations, counts of permit approvals over a recent period (suggested three years) and options for narrower geographic or use‑based scopes; members also suggested economic analysis to assess how clustered convenience stores affect grocery-store recruitment. No ordinance was enacted during the meeting.