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Planning commission denies renewal for Tyler vape-and-smoke shop after police reports and code concerns
Summary
The Tyler Planning and Zoning Commission voted to deny a special-use permit renewal for a tobacco, vape and smoke shop at South Vine and West Houston Street after staff cited police reports of disturbances and alleged illegal sales; the shop owner disputed those reports and presented neighborhood signatures supporting the business.
The Tyler Planning and Zoning Commission voted to deny a special-use permit renewal for a tobacco, vape and smoke shop at the southeast corner of South Vine and West Houston Street.
Planning staff told the commission the shop’s 2023 renewal had been intended as a one-year period “to see how it goes,” and that their technical review found the use “adversely affects the character of the neighborhood and the general welfare of the community.” Staff recommended denial after receiving feedback from the police department that included reports of noise disturbances, assaults or altercations, vehicle burglaries and alleged illegal product sales, including sales to underage buyers.
The owner, Hassan Khan, who gave a mailing address of 1717 Shiloh Road, told the commission he and his business had not received direct complaints and that his shop had surveillance and paperwork for products. “We have not had any complaints or anything like that happen,” Khan said. He also presented a set of neighborhood signatures he said were gathered from nearby residents to show support.
Planning staff said the police department had “received a cease and desist letter” related to an investigation of smoke shops in Tyler. Kyle (planning staff) told the commission the city checked with code enforcement and the police department in the SUP renewal review and that the police response about alleged illegal sales informed staff’s recommendation to deny.
Commissioner Christina Davis moved to deny S25-004; the motion was seconded and the commission called the roll. Commissioners Carlene Darkbeis, Clint Childs and Christina Davis voted “aye.” The motion carried and the special-use permit renewal was denied.
The record shows 13 mailed notices for the item and none returned in favor or opposition. Staff noted the initial special-use permit had been granted for one year; staff also explained SUPs are commonly granted for one to three years to allow the city to monitor neighborhood impacts.
The denial leaves in place any enforcement actions or investigations by police or other agencies; the commission did not adopt conditions to allow continued operation, and no follow-up motion to table or impose conditions was recorded during this item.
Names, roles and next steps were provided in the meeting record: staff recommended denial based on police feedback and code criteria; Hassan Khan said the shop would cooperate with inspections and produce paperwork if requested.
The commission moved on to subsequent agenda items after the roll call ended the vote.
