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Council imposes 90-day moratorium on new smoke and vape shops, lowers retail-sales threshold to 25%
Summary
Missouri City adopted a temporary moratorium preventing acceptance of new smoke and vape shop applications for 90 days while staff develops an ordinance restricting locations of such businesses; council amended proposed sales threshold from 30% to 25% and the moratorium does not affect existing shops.
Missouri City adopted a 90-day temporary moratorium on accepting, processing or approving applications for new smoke shops and vape shops while staff prepares a permanent ordinance to address the land-use treatment of those businesses.
City Attorney E. Joyce and staff briefed council on the moratorium, noting the city is reviewing its comprehensive plan and that recent public input showed a strong preference against vape and smoke shops in neighborhoods. The draft moratorium as presented would pause new development for 90 days (subject to extension after public hearing) and would apply to establishments whose sales of smoking or nicotine products and similar items constitute a specified portion of gross retail sales.
Council members debated the threshold percentage used to distinguish smoke/vape shops from convenience stores that sell some smoking products. Early in the staff presentation the threshold was described as roughly 30% (based on convenience-store association data showing gas/convenience stores typically have about 25–27% of gross sales in smoking items). At council direction the motion authorizing the moratorium lowered that threshold to 25% retail sales for the purpose of defining a smoke/vape shop subject to the moratorium.
Councilmembers emphasized the moratorium does not make existing shops nonconforming or close current businesses; it prevents staff from accepting new applications during the moratorium period. Councilmember Brown Marshall (maker) moved for a 90-day moratorium with a 25% retail-sales threshold; another councilmember seconded. The motion carried unanimously.
Staff said the moratorium took effect following publication of notice (the temporary moratorium becomes effective five days after notice was published) and that staff intends to draft a permanent ordinance to regulate locations of smoke and vape shops and to address THC/nicotine product sales; the goal is adoption of a final ordinance before the 90-day period expires. If staff cannot complete an ordinance in time, state law allows one extension (public hearing and notice required) up to a total of 180 days.
