New smoke shops are going to have a tougher time opening in Tucson following a new ordinance the City Council passed last week.
The city will now impose limits on where a smoke shop can be built, as well as its operating hours under an ordinance the council approved unanimously Tuesday.
It requires any new smoke shop to be at least a half-mile from an existing smoke shop; at least 1,000 feet from any public, private or charter school; and at least 1,000 feet away from any public park.
The distance requirements would "ultimately lead to a modest increase in new non-conforming businesses and a decrease in available parcels for new businesses or relocated businesses," according to a geospatial analysis conducted by the city manager's office.
There are about 109 smoke shops in Tucson, the city says.
They found 7,184 commercial parcels that are located at least 1,000 feet from any school and any smoke shop that is already operating. Under the new ordinance, 54 of the 109 Tucson smoke shops currently operating would not be in compliance with the new distance rules, the city says.
The City Manager's Office did not conduct a geospatial analysis that factored in the half-mile separation, which was amended onto the new ordinance Tuesday night by Ward 3 Councilman Kevin Dahl and agreed upon by the mayor and council.
New limitations on the operation hours were also put in place. Now, any new smoke shop opened within city limits can only operate from 7 a.m. to 10 p.m.
The limitation on hours of operation, as well as the distance criteria, do not apply to smoke shops that are already open.
"With respect to hours of operation, limiting the hours is not going to affect existing shops, but it might serve as a deterrent to new ones opening up, even if they can't compete after hours," said Ward 6 Councilman and Vice Mayor Steve Kozachik.
The ordinance also came with amendments defining a smoke shop as "any establishment in which the area used for sales or display of tobacco products consists of 15% or more of the total sales area of the space."
Originally, the idea was to define a smoke shop as any establishment in which at least 15% of all sales came from tobacco or tobacco products, however, that idea was quickly scrapped over concerns that such a definition would inadvertently classify gas stations or convenience stores as smoke shops, too.
The city's new definition for tobacco products, also added, is any product that is capable of being used to smoke tobacco. This would not only include vaping devices and cigarette papers but pipes and other paraphernalia that can be used to smoke tobacco.
The rules formed after comparing similar ordinances in other cities.
In Tempe, smoke shops are required to be at least a quarter-mile from all schools except instructional or vocational schools. Phoenix requires its smoke shops to be separated by at least 500 feet and a quarter-mile from schools, parks, recreational centers, places of worship and shelters. Avondale smoke shops are required to be separated by a quarter mile from not only other smoke shops but "sexually-orientated" businesses, bars, nightclubs and wine bars.
In Palo Alto, Calif., smoke shops cannot be within 500 feet of one another. In Bishop, Calif., no tobacco retailers are allowed within 1,000 feet "from primary or secondary schools," the city found.
