The Wauwatosa Common Council opened a public hearing on a proposed text amendment to the city zoning code that would limit where cigarette, tobacco and electronic vaping device retailers may operate.
The amendment, presented by a city staff member during the hearing, would expand definitions of cigarette, cigar and tobacco shops to explicitly include retailers of vape products, e-cigarettes and THC/cannabis smoking products; reduce the threshold for what counts as ancillary tobacco or vape sales from 25% to 10% of retail floor space; prohibit such retailers in C1 and C2 commercial zoning districts; allow them in M1 and M2 industrial zones only with a conditional use permit; bar them from locating within 1,000 feet of a daycare, K–12 school or public park; require a minimum distance of 1 mile between each such establishment; and require conditional-use applicants to submit detailed signage plans for review as part of the permit process.
Mister Hammond presented the proposal and said the ordinance was prompted by public-health concerns about retailers near youth-oriented facilities and noted similar regulations in the cities of Milwaukee and Madison. The Community Affairs Committee directed staff to initiate the formal amendment process on May 13, 2025, and staff confirmed appropriate public notice had been published before the hearing opened.
No members of the public appeared in person or online to speak in favor or opposition, and there were no electronic comments submitted. The council chair closed the public hearing and said the item will return to the Common Council for a vote at next month’s meeting.
Because the hearing produced no public testimony, the council did not deliberate or take any formal action on the ordinance at this meeting. The measure remains in the formal ordinance process and will be brought back for a council vote after the required review steps.
City staff and the sponsoring alderperson indicated the proposal is intended to address proximity of retailers to youth facilities and to align Wauwatosa rules with precedents in nearby municipalities; specific permit standards, enforcement mechanisms and any zoning map changes will be decided as the amendment proceeds through the ordinance process.