DISCUSSION AND POSSIBLE ACTION
REGARDING UPDATED DRAFT ORDINANCE
LANGUAGE PERTAINING TO
SMOKE SHOP REGULATIONS
Community Development
October 21, 2025
Background
• City Council Discussion-August 19, 2025
• Amend the buffer requirements to require a minimum distance of 600 feet between smoke shops, and at least 600 feet from high schools and youth centers
• Amend the definition of e-cigarette
• Amend the definition of “Youth Center”
• Remove references to cannabis from the definitions section • Add “Hookah Lounge” in the exemption that applies to a Smokers’ Lounge
• Remove the prescriptive standards related to hours of operation 2 Background Continued
• Cap the maximum number of smoke shops at 5.
• More clearly define “ancillary sales” and evaluate whether existing businesses can comply
3 Smoke Shop Cap
• Draft language allows existing legal nonconforming smoke shops to continue operating for 5 years following its adoption • Original draft required that the number be initially reduced to 10 and regulated through the CUP process
• City Council directed that the initial cap be lowered from 10 to 5 • A maximum of 5 CUPs during 5-year period
• Licenses can be issued/transferred to continue operation at the existing location for 5-year period
4 Ancillary Sales
• Original draft allowed “two percent of the gross floor area, or 200 square feet, whichever is less”
• Majority rely on vertical wall space with range of 20-50 sf. • Language updated to limit the vertical display area to a maximum of 50 square feet
• Floor space to no more than one percent of the gross floor area. • Allow Community Development Director to require reductions or approve minor increases in display areas, provided that the sale and display of tobacco products remain ancillary to the primary use
5 Additional Ordinance Updates
• Clarify procedural requirements
• Cross reference other code sections
• Title 5, Chapter 9, Article 2 (Tobacco Retail Permit) • Added regulations aimed at preventing underage smoking 6 Recommendation
7 PROVIDE DIRECTION ON THE FINAL ORDINANCE LANGUAGE AND SET NOVEMBER 18, 2025 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER
INTRODUCTION AND FIRST READING OF THE PROPOSED ORDINANCE