Richfield council pulls vape-shop hearing as public splits over menthol and flavored-tobacco ban

The Richfield City Council removed a contested licensing matter involving Smoke and Pure Vape on Nicollet Avenue from its June 24 meeting after the licensee’s legal counsel asked that the case be heard by an independent hearing officer rather than by the council.

City Attorney (unnamed) told the council the request arrived that afternoon and that her recommendation was to grant it; Council Member Hayford O’Leary moved to remove the item from the agenda and the motion was seconded and approved. The attorney said staff expected to set a hearing with a hearing officer “fairly soon.”

The procedural change came as residents filled open forum to debate the city’s 2023 action to restrict menthol and flavored tobacco. Business owners and customers said the ban has hurt local retailers and employees, while other residents urged strict enforcement and, where warranted, license revocation for retailers who sold illegal flavored products.

Larry Ernster, a Richfield resident who addressed council during public comment, recalled the 2023 ordinance debate and urged the council to “stand your ground, pull the license, and set an example” for retailers who violate the city’s restrictions. Owners and customers representing a family-owned tobacco shop said the ban had caused a sharp drop in sales, threatened more than 10 jobs, and unfairly punished compliant retailers.

Other commenters including a nonresident shopper said they opposed the ban and argued adults should be free to choose menthol products. Several speakers framed the issue as both public-health and small-business questions; one business owner urged alternatives to a blanket ban such as stricter ID enforcement and targeted licensing measures.

Council members and staff kept the distinction between discussion and formal action clear: council did not rule on the underlying licensing dispute tonight; instead it removed the matter from the agenda so an independent hearing officer could consider the licensee’s request. The city attorney confirmed that individuals could still comment at open forum but that there would be no hearing on the license at this meeting.

For now, the only formal council action recorded at the meeting was the agenda amendment removing Item 6; any future enforcement steps, license revocation proceedings or hearing outcomes will be determined through the hearing-officer process or at a subsequent public proceeding.

Community reaction signaled continuing contention: proponents of enforcement urged the city to use its full authority against retailers who sell illegal flavored products, while business owners and customers said the ban has driven transactions out of the regulated market and harmed lawful businesses and employees. Council members did not take additional action this evening beyond granting the hearing-officer request and removing the item from tonight’s agenda.