Superior Council to consider restrictions on smoke shops

Shelley Nelson, Superior Telegram, Wis.
·3 min read

Jun. 20—SUPERIOR — Changes could be coming to Superior's zoning ordinance to stop the proliferation of businesses focused on the sale of cigarettes, tobacco and electronic vaping devices.

The Plan Commission on Wednesday, June 19, recommended adopting new restrictions for businesses that dedicate 10% or more of their floor space to the trade of cigarettes, tobacco products, e-cigarette products, personal vaporizers, electronic nicotine delivery systems or any device used to ingest tobacco.

The new restrictions include:

* Allowing one business per 25,000 residents as reported by the most recent decennial census.

* The business must be located in a commercial, highway commercial or shopping center commercial district.

* The business could not be located within 300 feet of any one-family, two-family or apartment residential district or within 1,000 feet of any school, library, childcare center, park or playground.

* The business must be licensed by the city.

* Only one on-premise or building sign would be permitted; window displays, or signs with flashing lights, moving elements or message changing signs would not be allowed. A one-foot sign may be placed on the door to state the hours of operation and admittance to adults only would be allowed.

"We're not going to effect any business that exists today; however we're going to hopefully by attrition get down to the one that would be allowed in the city of Superior," said Jason Serck, economic development, port and planning director.

"I struggle getting excited about this because it doesn't solve anything for the immediate problem, because the existing shops are grandfathered in," Councilor Brent Fennessey said. "It's not like the T-21, where tomorrow, if we pass it, no one can sell to anyone under 21."

Mayor Jim Paine disagreed.

"It does solve a problem," Paine said. "We do expect more of these businesses to open ... this would keep them from opening."

The ordinance change is part of a three-part plan to address vaping that occurs in Superior schools.

"Vaping is getting out of hand, and most of it that we're seeing is tobacco," said Councilor Mark Johnson, who teaches at Superior High School.

In addition to the proposed change in the zoning code, Mayor Jim Paine said the License and Fees Committee will consider stronger regulations when it comes to licensing the businesses, and the Public Safety Committee would consider regulations to restrict the sale of tobacco and vaping products to anyone under the age of 21.

Federal law already prohibits the sale to anyone under 21, but measures introduced in the Wisconsin Legislature to raise the age from 18 to 21 failed to garner a vote before two consecutive legislative sessions ended.

Councilor Lindsey Graskey proposed amending the ordinance so existing tobacco and vape shops would be subject to the new regulations on signs.

"I think this is a meaningful change that still lets them operate ... and makes a meaningful change to the bigger goal," Fennessey said.

The commission recommended the new regulations with the amendment to the City Council. Councilors consider the ordinance change July 2.