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Council debates options after denying vape/device retailer permit
Summary
After denying a retailer license application for a device/tobacco shop at 316 East Main St., council members discussed legal options including denying all permits, adopting zoning buffer rules, enforcing tax/visibility requirements and issuing a temporary moratorium while studying the issue.
The council revisited a previously denied retailer license application for a device and tobacco outlet on East Main Street and heard legal guidance on how to proceed and codify policy.
The city attorney summarized options and cautioned about consistency: "If you don't deny all and you kinda pick and choose, then you might have a problem," the attorney said, noting other approaches such as zoning buffers (for example, minimum distances from schools or playgrounds), a cap on the number allowed in town, enforcement of state excise tax compliance and limits on visibility of the devices in storefronts.
Council members generally agreed to let the denial stand for now and consider codifying an approach or, short of an ordinance, to pass a resolution or temporary moratorium while staff studies the issue and state guidance evolves. Staff also noted the applicant fee for a permit is $1,500 and that nonrefundable cost was a consideration for fairness.
