City Council Contemplates Limiting Tobacco and E-Cigarette Shops

According to a report by The Gazette on August 8, the Iowa City Council is considering a modification to a city ordinance aimed at limiting the number of tobacco and e-cigarette stores in the city.

According to reports, the city council suspended the issuance of tobacco licenses in June of this year in order to have enough time to address the "increasing trend" of tobacco and e-cigarette shops in the city.

During this week's work meeting on Tuesday, August 6th, council members began reviewing proposed revisions to city ordinances. The revisions include three parts: limiting the number of tobacco licenses; banning the sale of Kratom (a herbal substance with opioid-like and stimulant effects); and prohibiting the sale of tobacco and e-cigarette products within 500 feet of schools (including elementary, middle, and high schools, as well as universities).

The revised draft also proposes a 500-foot distance between tobacco or e-cigarette product retail stores, while also granting the parliament the power to restrict the number of tobacco licenses through resolutions. The parliament will continue to review these amendment proposals at future working sessions.

Regarding the limitation of tobacco licenses, the council stated that they will consider restricting the number of tobacco licenses in the city to 55, with existing licenses being grandfathered in.

City lawyer Eric Goers stated that

Currently, there are 62 tobacco permits in the city, but not all businesses holding permits are selling tobacco products. For example, the Kum & Go store located on Montreat Avenue and Benton Street holds a valid permit but has been closed for a long time. The current discussion also involves how to handle the opening of permits in the future in accordance with the new regulations.

In addition, a proposal to prohibit the opening of tobacco or e-cigarette shops within 500 feet of schools will need to be submitted to the City Planning and Zoning Commission for input before being presented to the City Council. Council members are in agreement on this issue, but opinions differ on the proposal for a 500-foot spacing requirement between retailers.

City council members Josh Moe and Andrew Dunn are concerned that these distancing requirements may lead businesses to stay put rather than seek other locations that meet the 500-foot requirement.

According to the proposed revision, the sale of Kratom will be banned and any direct or indirect advertisement or distribution of Kratom products will be prohibited. Cities can enforce this ban by designating its sale as a misdemeanor or municipal violation.