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Berea council weighs temporary moratorium on new vape/smoke shops; members split on length and next steps

3221219 · May 6, 2025
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Summary

Council held extended debate over a proposed moratorium that would pause new standalone vaping and e‑cigarette retailer applications while council forms a committee to study zoning and signage restrictions; council left the measure on second reading and asked for a volunteer to lead an advisory committee.

Berea City Council deliberated at length over a proposed temporary moratorium that would bar new zoning approvals, building permits and certificates of occupancy for standalone stores whose primary business is the sale or distribution of vaping and electronic cigarette products.

The measure (Resolution 4‑10) is written as a temporary moratorium not to exceed one year. Supporters, including Councilmember Mary Brown, said neighboring communities have adopted similar pauses to study zoning and other restrictions and that the moratorium would allow Berea to craft a consistent policy rather than decide on a case‑by‑case basis. Opponents questioned the need for a moratorium if there were no pending applications and worried about unnecessarily blocking business investment.

Council members discussed whether a six‑month moratorium would be sufficient or whether the one‑year maximum in the resolution was preferable. Several council members said they want a short, defined period to prompt a rapid committee review; other council members said a full year provides a necessary buffer when zoning changes can take months to craft and implement. The council did not suspend the three‑reading rule and left the resolution on second reading.

Councilmember Mary Brown volunteered to lead a committee to study the issue; the clerk said Brown chairs the economic development committee and the group could be either a standing or an ad‑hoc committee. Staff said the moratorium as drafted would grandfather existing sellers but halt new stand‑alone smoke shops; traditional retailers such as existing gas stations that already sell tobacco products would be treated differently depending on current activity.

Council agreed to continue public outreach and to have Brown coordinate with other council members and staff on forming a working group to draft potential zoning, signage or spacing rules. No final ordinance was adopted at the meeting.