Thomas Breen file photo
Watch out, smoke shops: New rules on the books.
Laura Glesby Photo
Furlow (at mic): “This is one step towards a more healthy and vibrant city.”
New Haven officially has room for one last smoke shop — which will have to obtain a municipal license, alongside all of the city’s 212 existing tobacco retailers — thanks to new zoning and public health regulations passed by the Board of Alders.
On Monday night, the Board of Alders unanimously approved those two new laws regulating all stores and cafes selling tobacco products.
One ordinance amended the city’s zoning code to create specific limitations on smoke shops, while another created a new municipal license system to supplement the state-level license already required of tobacco retailers.
“We currently have over 200 smoke shops in our city, according to our Health Department,” said Majority Leader and Amity/Westville Alder Richard Furlow, who helped to draft both ordinances. “This is one step towards a more healthy and vibrant city.”
Ordinance #1: City License Required
The new municipal license system will require local health inspectors to conduct annual inspections of all tobacco sellers, with the goal of supervising their compliance with local, state, and federal tobacco and smoking laws — and eventually shutting down businesses that are consistently flouting the law.
The Health Department will also be able to receive and respond to civilian complaints about particular smoking establishments.
The ordinance creates a three-tiered fine system, starting with a fine of $150 for an initial violation and escalating to a $1,000 fine — and a revocation of the license — upon the third violation within 36 months. (Read more about the new license program here.)
“Too many times,” smoke shops “only get a slap on the wrist after a violation,” said Fair Haven Alder Frank Redente, who also served on the task force to draft the ordinances.
The licensing system ensures that smoke shops “do not operate in a way that jeopardizes public safety,” said Wooster Square Alder and Legislation Committee Chair Ellen Cupo.
Ordinance #2: One Spot Left
The zoning regulations mandate that new tobacco-selling businesses be located at least 1,000 feet away from a school, place of worship or public park — as well as 3,000 feet away from existing tobacco retailers. (Existing tobacco businesses are permitted to continue operating as “legally non-conforming” businesses, as long as they remain in the same location.)
In practice, given how prevalent tobacco stores are in the city, the zoning amendment allows for just one more tobacco retailer to open in the entire city, within a segment of industrial Water Street in the Mill River neighborhood.
The zoning rules also reiterate existing zoning rules indicating that no more than half of store windows can be covered by posters or signage, and that stores may not feature “lights that flash, shimmer, glitter, or lights that give the appearance of flashing, shimmering or glittering.”
The amendment “closes a gap in our zoning code,” said Westville Alder Adam Marchand, who also serves on the City Plan Commission.
More broadly, he said, the regulations “shield our youngest and most vulnerable residents from the allure of these products.”
Click here and here to read the two newly approved laws in full.
One last spot (circled in red) available for a new tobacco shop.