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 tobacco retailers a lawful nonconforming use that may continue to operate until abandoned, rather than to force immediate closures.

During a lengthy public comment period, business representatives and property owners urged the board to avoid retroactive application and to consider alternatives such as conditional use permits or a smaller buffer. Steven Smith, representing a multi‑store operator, urged the board to scale the distance to 500 feet or require conditional use review. Landlord Han Chung said he had not received personal notice and said his tenants had followed permit steps; he asked the board for more transparent stakeholder notice in future zoning changes.

Other speakers, including former school board member Talisha Richardson and parents Amy Williams and Crystal Cadelli, urged the board to enact a larger buffer to reduce youth exposure to flavored vaping products and storefront marketing near schools.

Director Neil Martin, Director Kemp and others pressed staff for details on measurement and enforcement. Rice said the buffer is measured property line to property line and confirmed there were three retailers within 1,000 feet of Northside High School and two within 500 feet.

On a procedural vote, the board first approved an amendment to change the proposed 1,000‑foot buffer to 500 feet by a 4-3 roll call. The amendment's yes votes were Director Kemp, Director George Gitsavis, Director Christina Gitsavis and Director Rigo; Directors Settle, Martin and Goode voted no. The board then voted 6-1 to adopt the ordinance as amended; Christina Gitsavis was the lone no vote.

The board also voted 6-1 to adopt the ordinance's emergency clause. Rice and City Attorney Colby Rowe reiterated the ordinance as drafted does not revoke existing business licenses and that only upon abandonment, sale or transfer would a location be treated as a nonconforming use.

Separately, the board adopted a resolution supporting Arkansas legislation (referenced in staff materials as Act 629 and Act 934) that would prohibit sale of consumable hemp products to persons under 21, a measure the city said it supports while litigation over the state acts remains pending; the resolution passed 7-0. Staff noted a federal injunction currently limits enforcement of the state law while litigation proceeds.

The board also heard a discussion item about a recent business license at 123 N. 20 Second Street. Planning staff reported the applicant, Hafid Hafid, submitted a tobacco‑retailer registration on Dec. 10, 2024, completed required building and fire approvals, obtained the state tobacco permit and received a city business license on April 29, 2025. City staff said Section 13‑68 of the Fort Smith Municipal Code allows revocation only upon a violation and that neither the city nor the state identified a statutory violation; the board did not take revocation action.