Monona holds first reading on ordinance to restrict electronic smoking retailers

Monona — The City Council on Jan. 6 conducted the first reading of an ordinance that would amend zoning rules to limit new electronic smoking retailers (retailers selling e-cigarettes and related paraphernalia).

Staff presented background on a 2024 moratorium and research showing youth vaping concerns cited by the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration. The draft ordinance draws on a moratorium definition (establishments with 10% or more of floor area or inventory dedicated to electronic smoking devices) and proposes prohibitions in many residential and institutional zoning districts while allowing such businesses as a limited use in certain commercial and industrial districts, subject to a distance buffer.

Planning staff explained the planning commission recommended a 750-foot uniform buffer — applied both from youth-oriented uses (schools, libraries, day-care centers, parks/playgrounds) and between like retailers — as a compromise between 500 and 1,000-foot examples used elsewhere. The staff memo counted 13 licensed tobacco/e-cigarette retailers in the city as of early November and noted several additional license applications in process.

Council members probed the buffer distance. One councilor urged a 1,000-foot buffer, citing students who routinely walk to a nearby fast-food restaurant from multiple area high schools and arguing the 750-foot distance did not account for student travel patterns. City Attorney Cole advised the council that zoning changes are reviewed under the city’s zoning authority and that the council should have an empirical basis for distance selections in case of legal challenge; Cole said greater factual documentation strengthens the ordinance if it is litigated.

City Administrator Neil and staff said they can produce maps and supplemental observations. The police chief offered to coordinate pedestrian observations through a trained crossing-guard/community-service officer to gather documented field data. Staff indicated maps for 500-, 750- and 1,000-foot buffers had been prepared for the council packet and that alder members should bring proposed distances to staff ahead of the next meeting for data review. The ordinance as drafted would grandfather existing retailers that already sell these products and would not grandfather businesses that later add such products after the ordinance takes effect.

No final action was taken at the Jan. 6 meeting; the ordinance will return for further consideration after staff compiles requested empirical data and maps.