Council keeps vape/smoke shop zoning and licensing proposals in committee for rewrite after planning commission pushback

The committee discussed two companion items intended to regulate vape and smoke shops: an amendment to Part 13 of the planning and zoning code that would create location and display restrictions, and a licensing ordinance (Article 324) establishing inspection and permitting requirements.

Staff told the committee the planning commission reviewed an earlier draft and objected on several grounds, including the breadth of a 500‑foot proximity ban, potential impacts on convenience stores (Turkey Hill–type retailers), and the need for clearer enforcement language and inspection ownership. The licensing draft includes prohibitions on self‑service displays and a requirement for annual inspections and fees; staff said the inspection fee would be paid by the operator as part of the business licensing process.

Public commenters and councilmembers expressed support for the policy’s public‑health goals but worried about legal challenges to proximity bans and the constitutional analysis. One attorney, Blake Walker, warned of existing case law and potential First Amendment and other constitutional challenges. Several committee members said they supported the ordinance’s intent but wanted more work. The committee voted to keep both the zoning amendment and the licensing ordinance in committee for further revisions.