Anna council amends zoning to add cigar lounges, CBD and smoke‑shop rules; expands school/church buffer

The Anna City Council on April 8 approved an amendment to Article 9.04 of the zoning ordinance that establishes new definitions and use‑specific standards for CBD shops, cigar lounges and cigar/smoke shops and increases the buffer for new smoke‑related businesses to 2,000 feet from schools and churches, in a 5‑2 vote at the Anna Municipal Complex.

The change, presented by Stephanie Scott Sims, Director of Development Services, narrows and clarifies how the city will treat several categories of smoking‑related retail and hospitality uses and adds a permitting requirement for new locations. “CBD shops are those that have more than 50% of its sales derived from the retail sale of CBD products,” Scott Sims said during the discussion. She also described the cigar‑shop threshold: “In order to be considered a cigar shop … this establishment would have to have more than 90% of its sales derived from the retail sale of cigar products.”

Why it matters: the ordinance is intended to guide where and how smoking‑ and CBD‑related businesses may operate in Anna’s commercial and mixed‑use districts and to limit proximity to sensitive sites such as schools and churches. The Planning and Zoning Commission reviewed the item on March 18 and recommended adding a buffer from schools and churches; council members debated whether to keep the staff‑proposed 1,000‑foot buffer or expand it.

Key provisions and council discussion

- New use categories and definitions: The ordinance distinguishes cigar lounges (on‑site consumption, required ventilation and a walk‑in humidor; at least 33% of gross revenue from on‑site cigar sales), cigar shops (retail establishments with more than 90% of sales from cigar products), cigar and smoke shops (retail uses grouped for the table), CBD shops (more than 50% of sales from CBD products) and smoke shops (tobacco, e‑cig, vaping, hookah products and paraphernalia). The text presented by staff states that smoke shops may include an on‑site contained smoking area with independent ventilation.

- Buffers and permitting: Staff recommended a 1,000‑foot separation between similar smoke‑related establishments. The Planning and Zoning Commission added a recommendation to prohibit new locations within 1,000 feet of schools and churches; during council debate a motion was made to double that distance. Councilmember Totten made the motion to approve the ordinance "with the amendment of doubling to 1 2,000 feet of schools," which was seconded and adopted by a 5‑2 vote. Councilmembers Miller and Baker recorded the only no votes.

- Grandfathering and vacancy rule: Scott Sims said the ordinance would not affect existing businesses; those establishments would be grandfathered. She added that if an existing shop closes and does not reopen under a similar use within a stated vacancy period (identified in the discussion as six months), a future occupant would need a specific use permit (SUP) to operate under the newly regulated use.

- Other topics raised: Councilmembers questioned the percentage thresholds (for example, why cigar shops are defined at 90% while CBD shops use a 50% threshold) and whether cigar lounges could also sell alcohol; staff replied that alcohol licensing is regulated by the state and would follow state processes and that the percentage thresholds were policy choices in the draft ordinance.

What passed and next steps

The council voted to adopt the amendment to Article 9.04 with the buffer amendment and use‑specific standards; the ordinance as adopted applies to new businesses and leaves existing stores grandfathered. Council and staff noted that additional code changes (for example, to the downtown district) could be processed separately to further limit such uses in particular areas.

The ordinance will be recorded in the city's code and applies to future SUP applications and business change‑of‑use requests; staff signaled it will implement the SUP review and mapping shown during the March Planning and Zoning presentation.

Ending note: The ordinance alters how Anna will regulate a class of retail and hospitality businesses commonly associated with tobacco and CBD products, while preserving existing businesses under a grandfather clause and creating a permitting route for new entrants.