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Planning commission recommends allowing vape sales in downtown with same limits as tobacco shops
Summary
Planning staff proposed and the commission recommended amending zoning to treat vape shops in downtown the same as limited tobacco sales (permitted at up to 25% of floor area); the commission voted to recommend the change to the council.
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City staff told the Planning Commission the state’s change to separate vaping-device licensing prompted a review of how the downtown business district regulates vape shops. Staff identified an inconsistency in the zoning code that had resulted in some vape retailers operating in the downtown when the code technically prohibited standalone vape shops there.
Staff recommended amending the downtown rules so that vape-shop sales would be permitted on the same limited basis as tobacco sales — specifically allowing vape sales where they occupy 25% or less of a business’s floor area in the downtown business district — which staff said would align enforcement with other zoning districts.
A commissioner moved to recommend the amendment “as written,” a second supported the motion, and the planning commission voted in favor. No public speakers addressed the vape-shop amendment during the hearing.
Staff said the change is not in conflict with state law; it follows the state’s recent licensing change that separates vape-device retailer licenses from tobacco licenses and would regularize local zoning to match how other districts treat these uses.
The planning commission’s vote forwards the draft text to the Common Council for its consideration; staff did not report a fiscal or budgetary impact tied to the change.

