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City staff to draft ordinance lowering tobacco-shop threshold, council flags 'non regulated psychoactive substances'
Summary
Staff proposed lowering the city's tobacco-shop threshold (currently coded at 80%) toward a lower percentage used by other communities and to add language addressing non-regulated psychoactive substances; council asked staff to draft specific language for Committee of the Whole.
City staff told the council they will prepare an ordinance draft to revise how the city defines and regulates tobacco/smoke shops and related paraphernalia sales.
"Currently our code states that 80% of tobacco sale, then you're a tobacco shop. But 80% is pretty high," a staff speaker said, noting most communities use a lower percent (about 50%) to determine whether a retail business is treated as a tobacco shop with additional licensing and zoning restrictions. Staff proposed updating the code so that retailers that sell more than a lower percentage would be subject to stricter zoning and licensing rules.
Council members urged including a phrase addressing "non regulated psychoactive substances" in the draft because many of the contentious product sales the city is seeing are not classic tobacco products. Staff noted the city is awaiting state guidance on some of those substances and suggested drafting ordinance language that can be adjusted if state law changes.
The item was set for further consideration at Committee of the Whole with staff directed to prepare a draft ordinance rather than immediate council action.
Next steps: staff to prepare an ordinance draft and present it to the Committee of the Whole for discussion.
