Council directs staff to pursue zoning and possible moratorium on vape/tobacco specialty shops

The council directed staff to pursue regulatory options aimed at specialty vape and tobacco retailers after staff described several legal pathways — zoning text amendments, special‑use permits, activity‑based licensing and operational restrictions such as distancing from sensitive uses and hours of operation.

Emilio Lothario reviewed available tools: zoning (district‑based, discretionary, public‑hearing heavy), licensing (administrative, fee‑based and faster), buffers from churches/schools/parks, distancing between vape shops, limits on outdoor displays and hours of operation. He noted some options would require extensive public notice and planning‑and‑zoning review.

City attorney Charles Williams cautioned the council on state‑law limits and litigation risk: "It's not clear that we can weave our way through there and find a way that we can do that, because the issue is we cannot adopt an ordinance that's inconsistent with state law." He recommended zoning and special‑use processes as the safer 'safe harbor' while acknowledging other cities have tried different approaches.

Councilmember Rachel Hall and others asked whether the city could act more immediately; staff said an administrative moratorium is legally possible but involves public notice and meeting requirements and that Olson & Olson would be asked to examine options. Council directed staff to consult the city attorney (Olson & Olson), investigate moratorium steps for permitting, and to begin drafting zoning text amendments and public‑hearing plans. Staff said existing operators would likely be treated as legally nonconforming and grandfathered unless and until the ordinance required otherwise when ownership or use changed.

Next steps: staff will consult Olson & Olson (requested as soon as the following day), explore moratorium feasibility and prepare zoning amendment drafts and outreach for planning and zoning and council review.