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Consideration of a proposed ordinance to amend various sections of Title 24 (Zoning) to regulate locations of cigarette, tobacco and electronic vaping device sales businesses
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Submitted by:
Art Pinon
Department:
Development
A. Background/Options
This is a request from Alderperson Robin Brannin for a text amendment to the City's zoning ordinance to regulate the location of cigarette, cigar, tobacco, vape, and e-cigarette (CCTVE) related retail establishments.
The amendment was presented to the Community Affairs Committee on May 13, 2025, where a decision was made to initiate the formal amendment process.
The proposed amendment includes:
* Revisions to the definition of "Cigarette, Cigar, and Tobacco Shops" to also include retailers of vape products, e-cigarettes, and THC/cannabis smoking products.
* Lowering the threshold for what constitutes ancillary sales of tobacco and vape products from 25% to 10% of total retail floor space.
* Prohibiting CCTVE retailers from operating in the C1 and C2 commercial zoning districts.
* Allowing CCTVE retailers in the M1 and M2 industrial zones only, and with the approval of a Conditional Use Permit (CUP).
* Prohibiting CCTVE retailers from locating within 1,000 feet of a daycare, K-12 school (public or private), or public park.
* Requiring a minimum distance of one mile between CCTVE establishments.
* And requiring applicants for a CUP to submit a detailed signage plan for review as part of the Conditional Use Permit approval process.
Alderperson Brannin's memo and the proposed ordinance are attached. This ordinance is being proposed in response to growing public health concerns associated with CCTVE reratilers to youth-oriented facilities. Similar regulations have been adopted by the City of Milwaukee and the City of Madison.
The required public hearing was held at the June 24, 2025 Common Council meeting with no one appearing to speak in favor or opposition. The Council meeting video is attached.
The item...
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