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Staff reports enforcement challenges for vape shops; council asks manager to draft tighter zoning language
Summary
City planning staff told council Sept. 2 that enforcement of the July 2024 zoning text amendment limiting vape and recreational‑substance retail has been hampered by state law exemptions, pre‑existing licenses and deceptive business‑license filings.
Planning staff updated council Sept. 2 on the city’s effort to regulate recreational‑substance retail (commonly called vape or smoke shops) and described enforcement challenges under the text amendment adopted July 1, 2024.
Planner Jared explained that 2024 Zoning Text Amendment No. 3 limits recreational‑substance retail (defined in the ordinance to include tobacco products, nicotine vapor products and smokeable hemp products) to the M‑1 (Light Industrial) district and requires a special‑use permit, plus separation from childcare centers and schools. He said a change in state law on April 5 constrained local authority and the July 1 effective date created a grandfathering clause for businesses that were licensed or operating prior to that date.
Staff reported enforcement difficulties: some applicants applied as convenience stores and later opened as vape retailers, businesses that obtained licenses before the effective date remain operating under the state exemption, and First Amendment protections complicate restrictions on signage and trade names. The enforcement process requires inspection, notices, appeals and sometimes criminal summons, which can delay corrective actions. Jared outlined near‑term responses: stepped‑up proactive inspections, closer vetting during the business‑license process (floor plans, inventories, affidavits), coordinated enforcement with the commissioner of the revenue and fire marshal, and planned additional zoning and sign‑ordinance amendments.
Councilman Cuthbert proposed asking the city manager to draft an ordinance that would prohibit retail sale of vape products while allowing sale of combustible tobacco products (a more administrable approach). City Attorney Tony Williams advised that any zoning change would need to go through the Planning Commission for recommendation and then return to council. Council directed the city manager to prepare draft language for Planning Commission review and return to council for consideration.
At the meeting, Councilman Jones suggested staff use the federal FDA PMTA (premarket tobacco product application) list as an enforcement tool to check whether products being sold have federal premarket documentation.
Ending: Staff said they will draft additional zoning language and sign‑code updates and pursue proactive enforcement; council directed the manager to bring proposed language to the Planning Commission for review.
