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Pewaukee council tables conditional-use request for retail tobacco shop after applicants fail to appear
Summary
Council delayed action on a conditional-use permit for a proposed retail tobacco/vape shop after applicants did not attend and members raised concerns about product testing, THC limits and unanswered questions; staff had proposed a 0.3% delta-9 THC limit and lab-testing requirements.
The Pewaukee Common Council on Aug. 4, 2025 tabled consideration of a conditional-use permit for a proposed retail tobacco and vape shop after applicants were not present to answer council questions.
City staff presented the application and staff and city-attorney conditions, including a proposed limit that all products contain no more than 0.3% delta-9 THC by dry weight and a requirement that the applicant maintain and provide certified laboratory test results for products containing delta-8 or delta-9 THC. Plan Commission had previously tabled the item on July 7 amid community concerns, staff said.
Several council members said the absence of the applicant or a representative left essential questions unanswered. "I don't feel comfortable being pressured to vote because we might not have some substantial evidence to say no at the moment, but we don't have our questions answered either," one council member said during deliberations.
Another council member urged caution and favored postponing action until a representative could appear. Council subsequently moved to table the item so the applicant could return to answer questions; the motion was seconded. The motion to table is recorded in the meeting transcript; the clerk's minutes should reflect the formal vote outcome.
Staff noted the packet included an article from Harvard Health reviewing benefits and risks of certain products, and the city attorney added the proposed lab-test and THC-limit conditions to address concerns from nearby pre-K facilities. The council discussed enforcement and compliance language but deferred further action until the applicant appears.
Next steps: the item will return to a future agenda when the applicant or a designated representative is available to address council questions and provide the requested documentation.
