PRESCOTT – After a lengthy and passionate public hearing on Aug. 28, council members hesitated over a new ordinance that would limit smoke shops in Prescott. Under location restriction, the proposed ordinance states,

1. Smoke shops shall be permitted in the C-2 Highway Commercial District and I-3 Mixed

Industrial Commercial District only.

1. No smoke shop may be established, or relocated from another location to, within:
1. (1)  Three hundred feet of a school, public or private preschool, elementary, middle, or high school or your recreational center.
2. (2)  Three hundred feet of a licensed day-care center.
3. (3)  Seven hundred fifty feet of a public park.
4. (4)  Five hundred feet of another smoke shop.
2. A smoke shop may not be operated in the same building or structure, or portion thereof, containing another smoke shop.

Council member Bailey Ruona asked for clarification on how the new ordinance would affect the two smoke shops currently in Prescott.

City Administrator Matt Wolf answered that if the new ordinance passes, they would no longer be allowed as they are currently located in a C1 district. He added that this proposal was reviewed and approved by the Health and Safety Committee to be brought before the council.

Council member Pat Knox spoke up, “So, I guess my question would be, if I’m understanding this properly, what we’re doing is we’re saying that there is a business that’s currently there.”

Ruona interjected, “Two.”

Knox continued, “That area should no longer be zoned for it, so basically what we’ve done, if I’m understanding this correctly, is we’ve now made that business invaluable to sell or do anything else. And I’m not a fan of that because unless if you say that they need a special use permit.”

Wolf questioned Knox, “So that’s your question, they wouldn’t need anything. They’d be able to exist indefinitely as long as they exist.”

“Would they be able to sell to somebody else?” Knox asked.

Wolf answered, “They’d be able to operate exactly as they’re operating now. Indefinitely.”

Knox continued, “If they decided to sell their business, would they be able to do that, and that new person could continue to do that because they’ve built up a business?’”

Wolf said the business owners would have to stop use of the business for a full year before they wouldn’t be able to operate or sell.

“So, they could sell and still operate a tobacco shop there,” Council member Maureen Otwell looked to Wolf and asked.

“Correct,” answered Wolf.

“Why do we not want it in C1?” Mayor Rob Daugherty inquired.

Wolf said the Health and Safety Committee discussed keeping the smoke shops away from parks and schools, which is why they were looking to keep them to C2 or C3.

Knox asked if any state statutes mandate a distance between the shops and schools or parks. Wolf stated that regulations regarding smoke shops and smoking in general don’t have distances in them.

“But they are both in the downtown so they wouldn’t fall under that ordinance because there’s no school,” Daugherty said. “The two existing smoke shops are in the downtown area.”

He further stated that those businesses would be the only ones affected unless another smoke shop opened up and that technically there could be another one downtown because it’s not close to a school.

“Or are we at a maximum that we are allowed in that district?” he asked.

Wolf reminded the council that this is just a proposed ordinance so anything can change at this point. Daughtery said he understood.

“So at this point, C1 would not be allowed so that would be the driving force of why they wouldn’t be there in terms of where they’re at,” Wolf said.

“I think with them already existing in C1 that would make sense to add C1,” Ruona stated as Knox nodded his agreement.

“Rather than make that area moving forward not welcoming to that kind of a business, I would not be in favor of that,” Knox remarked.  He hesitated and began, “Somebody mentioned the comment, ‘Is two smoke shops enough?’ Well, I don’t know. But if somebody wants to come in and open up a business, I’d be interested in entertaining that offer, I think more than saying we don’t want any more of those downtown. Now I don’t even smoke, but we’ve got a ton of places that serve liquor in that small area so….”

“What is the difference?” Hintz finished.

“Kinda. So rather than inhibiting it. I would say maybe not putting it on the block, two blocks or whatever away from a school or a park. I could see that as a thing but that’s not where they are right now,” Knox shared. “That’s just my thought.”

“I’m on the same page,” Ruona nodded. “I do agree keeping it away from schools.”

“At least until they’re 18,” Knox joked.

“So Matt, the C1 is basically downtown, right?” Council member John Peterson jumped in. “And we’re saying that’s too close to the schools?”

Wolf asked for members of the Health and Safety Committee to explain their thoughts.

Hintz began to answer, “The discussion was do we want to have some sort of limit within the city especially now that we’ve got more THC gummies available, other things that are available besides just the tobacco products. So do we want more than two shops that provide that?”

Peterson said he isn’t concerned as much over the number of the shops but limiting it from the C1. He asked Hintz what the specific reason was for that. Hintz said she wasn’t sure and she asked Wolf to explain it.

He told Peterson, “Specifically, the thought process was that to school parks and it’s more of a central node and trying to limit that. But again, that can be changed, and we can put C1 back in there and keep everything else, if that’s what you’re discussing.”

Hintz said she thought it should be sent back to Health and Safety. Wolf asked if they wanted to add C1 to the proposal and send it back for a second reading.

Peterson said that downtown seems the most logical place to put it instead of residential neighborhoods.

As the Council debated the potential proximity of smoke shops and liquor stores to daycares, Knox said, “I don’t find a smoke shop needing any more restriction than anything else that we already have.”

Hintz asked Wolf to incorporate C1 into the ordinance and send it back for a second reading to the unanimous agreement of the council.