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Commissioners question one-per-20,000 limit on smoke shops, suggest zoning controls instead
Summary
Payson commissioners criticized a code section that limits smoke shop licenses to one per 20,000 residents and suggested zoning and distance-from-school rules rather than a strict numeric cap.
The commission discussed a code provision that limits smoke shops to a ratio of one business per 20,000 residents and several commissioners questioned whether that numerical limit is appropriate for the local market.
Commissioners described the cap as restrictive and said it may create monopolies for early entrants. Several members urged relying on traditional land-use tools — permitted zones, minimum distances from schools and other sensitive uses, and site-specific approvals — rather than a strict per‑population cap that could prevent competition even where multiple appropriate sites exist.
A commissioner observed the city’s population threshold under the code appeared to have been exceeded, which triggered the practical problem that the current rule could prohibit additional smoke shops even if interested businesses meet other zoning and location standards. Commissioners proposed staff review the numerical limit and consider revisions (for example, counting “per 20,000 or portion thereof,” removing the cap entirely, or keeping zoning-based restrictions).
No formal action was taken. Staff was asked to return with alternatives that would preserve location controls (setbacks from schools, appropriate zones) while avoiding an absolute monopoly by initial licensees.
