Fort Smith narrows proposed tobacco retailer buffer to 500 feet; city also backs state hemp‑product age limit

The Fort Smith Board of Directors on Tuesday amended a proposed change to the city's Unified Development Ordinance to require future tobacco retailers to be at least 500 feet from schools and daycares and approved the ordinance as amended by a 6-1 vote. The board also adopted a resolution supporting Arkansas legislation that would set an age limit for consumable hemp products.

Deputy City Administrator Maggie Rice told the board planning staff found 152 businesses that sell tobacco‑related items in the city, 26 of which are classified as tobacco retailers; staff initially identified 15 retailers within 1,000 feet of a school or daycare. The planning commission held a public hearing on May 13 and recommended the amendment 6-0.

Rice said city legal staff provided an opinion that applying a new buffer retroactively could constitute a regulatory taking and expose the city to liability; the ordinance the board considered was drafted to make existing…