Brunswick tables tobacco retail license legislation

BRUNSWICK — Brunswick City Council tabled an ordinance that would have implemented a tobacco retail license program during its meeting on Monday due to legislation at the state level. A tobacco retail license would require retailers to acquire a license from the city to sell or distribute tobacco products. On Jan. 24, the Ohio Senate overturned Gov. Mike DeWine's veto on a piece of legislation that would prohibit local governments from implementing flavored tobacco bans. Vice Mayor Nick Hanek said as a result of what is going on at the Statehouse, there is legal uncertainty on whether cities can implement a tobacco retail license. "We are going to keep evaluating it, but we need more time," he said. "It's tabled. It's not pulled off." Instead, Council introduced several zoning ordinances related to vape and smoke shops. Hanek said cities are allowed to zone to address the appropriate placement of these kinds of businesses. The new legislation would change vape and smoke shops from being a permitted use to a conditionally permitted use in the different sections of the Brunswick Town Center Special Planning District No. 2. It would also expand the proximity requirement for stores from 1,000 feet to 3,500 feet from any church, educational facility, playground or public park. "This is consistent with other zoning districts in the city," Brunswick Law Director Dennis Nevar said. Another ordinance created a new section in the conditional use provision of the zoning code to include more standards for vape and smoke shops. For instance, the shops are not permitted to be within 1,000 feet of an existing vape or smoke shop, Nevar said. A conditional use permit would need to be granted for the businesses, which can be revoked if vapes or tobacco are illegally distributed twice within 12 months in the city. Detailed definitions of electronic smoking device and tobacco products were also included in an ordinance. The definition of vape and smoke shop was altered to mean any retail establishment that offers vape or tobacco products. The ordinances related to zoning were referred back to the planning commission for review. Council also moved an ordinance to a second reading, which would extend its temporary moratorium on accepting or processing zoning, occupancy or building permit approval applications for businesses selling or distributing tobacco products or vapes in all zoning districts. A moratorium was initially introduced in September, and it would be extended for another six months if it passes. Contact reporter Madisyn Woodring at (330) 721-4049 or mwoodring@medina-gazette.com.