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Staff proposes 1,000‑foot buffer for tobacco‑related retail businesses near schools and parks
Summary
City staff proposed a UDC amendment to prohibit tobacco‑oriented retail sales within 1,000 feet of protected uses (schools and public parks), define qualifying tobacco retailers (≥51% revenue), and notify potentially affected businesses; staff plans mailings and council consideration in February.
City planning staff told the commission on Jan. 5 that they will propose a new UDC section to regulate tobacco‑related retail businesses and restrict retail tobacco sales within 1,000 feet of schools and public parks.
The draft would define a "tobacco‑related retail business" as a store deriving at least 51% of its revenue from sales of tobacco products and related items. The measurement for the 1,000‑foot buffer would be property‑line to property‑line for separate properties and door‑to‑door for separate tenant spaces.
Staff said the city cannot change state age limits or ban sales outright under current state law, but it can impose operational and locational performance standards. The proposed rules would permit existing nonconforming tobacco retailers to continue operating so long as they remain continuous and do not expand; once a nonconforming location ceases continuous operation, it could not resume retail tobacco sales.
Jocelyn (staff) said the city will mail about 2,600 postcards to potentially affected property owners and publish notices before returning the ordinance to the commission in early February and City Council for vote on Feb. 12 if the schedule holds.
Next steps: staff will finalize ordinance language, send notices to affected properties, and return for P&Z recommendation and then council consideration.
