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Westmont trustees vote down special-use permit for Lit Smokes vape shop at 101 W. Ogden
Summary
The board rejected a special-use permit for a tobacco and vape retail store at 101 W. Ogden after trustees raised concerns about a preserved drive-through, enforcement and the absence of the applicant at the meeting.
The Village of Westmont board voted down a special-use request Dec. 11 for a tobacco and vape retail store proposed at 101 W. Ogden Ave. (applicant: JARE Enterprises LLC DBA Lit Smokes). Director Hennerfein described the proposal as a smoke-and-vape store that would occupy a subdivided former fast-food drive-through side of a building and said the applicant sought to preserve an existing drive-through special use while not selling tobacco products through that window.
Director Hennerfein said the space previously had been developed for a bakery concept that stalled, and one of the cannabis retailer’s part owners planned the smoke shop as a separate business with distinct entrances. "They plan on operating from 8 a.m. to 10 p.m. with three to five employees at peak," Hennerfein said. He also told trustees that engineering and licensing questions remain and suggested the board could add conditions in an ordinance if it chose to approve.
Several trustees expressed concern about the proposal — particularly the drive-through's potential for confusion between tobacco/vape merchandise and the adjacent cannabis retailer, the lack of the applicant's attendance to answer operational questions, and enforcement implications for paraphernalia and underage sales. Board members discussed whether the drive-through special use should be preserved, whether merchandise would include branded merchandise and paraphernalia, and how licensing stings are used for enforcement. Attorney Zemenak clarified the store would require a separate tobacco license and said paraphernalia rules have changed over time.
After discussion the board held a roll call; the motion to approve the special use failed (majority voted no). The board recorded multiple trustees citing the absence of the petitioner and concerns about the drive-through as reasons for opposing approval.
What’s next: The Planning & Zoning recommendation earlier in the process had favored approval; because the village board rejected the special use, the applicant may choose to return with additional information or a modified application at a future meeting.
