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Local business owner urges city to address concentration of smoke shops on US 192
Summary
At a public-comment period, a local business owner urged the commission to consider limits on smoke shops on US 192; city officials noted many of the businesses cited are in the county and that zoning limits on specific retail types face legal constraints under equal-protection principles.
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During the public-comment period, Kissimmee business owner Kurt Jensen told the commission he is concerned about what he described as an overabundance of smoke shops, tobacco dispensaries and hookah lounges along US 192 near his business across from Celebration.
Jensen said he frequently drives the corridor and asked whether the city could limit permits for those businesses, saying in the hearing, "I don't know if you're all aware of how many smoke shops, tobacco dispensary, and, hookah lounges and locations there are, right here on 192." He cited a count verbally in the meeting when asked, saying "80 6. That's how many." Jensen asked whether the commission could consider a moratorium or other action.
Mayor Jackie Espinosa responded that many of the locations Mr. Jensen described are outside city limits, in the county, and that "we have 1 smoke shop, I believe, downtown, only 1." City staff and the city attorney cautioned that restricting the number of businesses by type within a retail classification can raise constitutional issues. The attorney explained there must be a legitimate government purpose and a demonstrable nexus — for example, data linking specific business types to public harms — to justify targeted limitations. As the attorney summarized, past commission attempts had allowed limits on pawnshops but found tighter restrictions on other retail types difficult to defend under equal-protection principles.
The commission did not direct staff to draft a moratorium or ordinance at this meeting, but members said they appreciated Mr. Jensen’s input and noted that ongoing redevelopment of corridors such as Vine Street could change market demand and business mix in those areas.
No formal action was taken; the matter remains a public comment and a topic for potential future review.
