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Council approves tobacco‑retailer permit and cigar lounge rules, sets separation distances and tougher enforcement
Summary
Council introduced and approved a new ordinance creating an annual tobacco retailer permit (issued by the police chief), imposing 500‑ to 1,000‑foot separation requirements, banning self‑service displays and prohibiting flavored tobacco and nitrous oxide; enforcement was strengthened to allow longer suspensions and mandatory revocation after repeat violations.
The City Council on May 26 advanced a two‑part ordinance to regulate tobacco retailer businesses and establish standards for cigar lounges.
Staff presented the proposal to create an annual, non‑transferable tobacco retailer permit to be issued by the chief of police, add operational standards (no self‑service displays, enhanced signage) and reinforce prohibitions on flavored tobacco, nitrous oxide and illegal cannabis products. The ordinance would require a minimum 1,000‑foot separation between permitted tobacco retailers and a 500‑foot buffer from sensitive uses including public and private schools, day care centers, parks, playgrounds, civic centers, hospitals, beaches, libraries, youth centers and residential zoning districts. Existing retailers that cannot meet the distancing standards would be treated as nonconforming so long as they maintain continuous operations and obtain the tobacco retailer permit within 60 days of the ordinance’s effective date.
On cigar lounges, the ordinance proposes creating a distinct land‑use category with specific operational standards: patrons must be 21 or older, facilities must install fire sprinklers and adequate ventilation, and they must comply with state smoke‑free workplace rules that prohibit food and alcohol sales in those venues.
Public commenters expressed general support for the ordinance’s public‑health goals but raised drafting questions about definitions, the effect of future residential overlays on permitted sites, and whether the mapping and distancing rules leave any locations available after buffers are applied. Staff said affected existing businesses were notified and that maps showing identified retailers and buffers were provided during presentations.
During council deliberations the mayor proposed and the council approved a modification to the enforcement schedule: the first violation would allow staff discretion to suspend a permit for up to 180 calendar days, and a second violation would carry mandatory revocation. Staff explained the prior framework had allowed escalating suspensions with revocation on the third violation; the amendment shortens the ladder while permitting stronger first‑violation penalties. The motion carried unanimously.
Staff recommended adoption and introduction of the ordinance, and council’s action moves the measure forward for finalization and implementation steps including permitting provisions and outreach to current retailers.
