Council directs draft of smoke-shop buffers, background checks after staff recommendation

City staff proposed new restrictions on smoke shops in response to recent openings and public-safety concerns and the council voted to direct the city attorney to prepare ordinance language for a first reading.

Andrew Brenseth briefed the committee and said staff — working with the police and building departments — recommend creating buffer zones analogous to cannabis rules and adding background-check requirements for smoke-shop owners and managers. "We're looking at having the same buffers as we do with the cannabis, which is 1000 feet from a public or private school, and then 500 feet from a daycare," Brenseth said, explaining that the intent is to exclude businesses whose primary business is convenience sales and to focus the rules on shops deriving about 75% or more of revenue from tobacco-related products.

Brenseth said the police have seen products in a small number of shops that raised concerns and that background checks for store operators would mirror existing checks required for alcohol and cannabis licenses. He also said businesses that are currently operating with a certificate of occupancy would be grandfathered unless the business changes in a way that triggers the ordinance requirements; new or unlicensed shops coming online would need to meet the new standards.

Councilors asked practical questions about impacts on existing shops and whether background checks would apply to managers who later change; Brenseth said those personnel changes would trigger the checks under the proposed approach. The committee voted to direct the city attorney to draft the ordinance language and to place the draft on the Monday agenda for introduction.

Next steps: the city attorney will draft the ordinance for a first reading, and staff indicated the draft will be available on the Monday council packet per the request of the committee.