The Middletown Press (Middletown, CT)

City imposes smoke shop moratorium, explores future legal options

- By Brian Zahn STAFF WRITER

WEST HAVEN — Officials have concerns about smoke shops in the city, leaving owners of the businesses seeking solutions as they await potential regulation­s and restrictio­ns.

On Tuesday, the Planning and Zoning Commission passed a sixmonth moratorium on approving new 24-hour convenienc­e stores, smoke shops and smoke shop signs. Although applicatio­ns in the pipeline will not be impacted, the six-month moratorium on considerin­g new applicatio­ns became effective immediatel­y. Commission counsel Karen Baldwin Kravetz said it’s “an implicit power” of the commission that it need not consider applicatio­ns if it determines not to. The moratorium also impacts the city’s planning department, which will no longer issue permits to such establishm­ents throughout the sixmonth period.

Assistant City Planner Cathy Conniff said that historical­ly smoke shop applicatio­ns, should they be permissibl­e within the zoning regulation­s, have been treated as as-ofright retail uses. She said the office does not need to streamline applicatio­ns in that way and can require a special permit.

Conniff said the city could review several concerns about smoke shops, such as the tinting and coverage of windows, the hours of operation and whether retail signs can be illuminate­d.

West Haven Mayor Dorinda Borer said her intention is to “clean up” city retail corridors. She said this moratorium will allow the city to explore legal avenues for implementi­ng new regulation­s. She hopes that existing 24-hour convenienc­e stores and smoke shops won’t be “grandfathe­red in” if the city adds restrictio­ns around measures like light pollution or operating hours.

“It all leads back to attracting people to our city and to reflect a more probusines­s atmosphere,” she said.

Borer said she is not opposed to stores being open late if they provide services people need, like

prescripti­ons. But smoke shops are “becoming a hangout” late at night when the city does not want to promote that, she said.

“We want to curb the activity in the middle of the night,” she said.

Conniff said multiple city department­s, including the mayor, planning office, corporatio­n counsel and the police department, have a stake in investigat­ing the smoke shop business model and the apparent prevalence

of such stores throughout the city.

“There are certain regulation­s that we’re going to be looking at to even establish a 24-hour store. We don’t need 24-hour stores down on the beach,” she said. “There’s been a lot of problems with the 24-hour stores.”

Liberty Food Store opened roughly one month ago at the Campbell Avenue and West Spring Street intersecti­on that was, until recently, the West Haven location of Charm’s Security Hardware. Proprietor Yasir said the business is not a smoke shop, and its emphasis

will be on food. Neverthele­ss, a bright white sign bearing the word “Vape” appears in the window, as well as a sign advertisin­g 25 percent off several e-cigarette brands.

“We just opened a month ago, and we are exploring our options and what we are doing,” he said when asked about the potential for the city to pass new regulation­s.

Earlier in the planning commission meeting where the moratorium was approved, the commission narrowly approved changing the Regional Business District

regulation­s to allow cannabis retailers by special permit. The applicants for that zoning change explained to the commission how heavily regulated their industry is; the attorney representi­ng the applicatio­n said transactio­ns often last no longer than three minutes.

Commission­ers discussed that the dispensary business, which is more heavily taxed and regulated, is undercut by smoke shops, which sell products but collect less in taxes and are often watched less closely in confirming customer identifica­tion.

 ?? Hearst Connecticu­t Media file photo ?? West Haven City Hall. City officials will not allow new smoke shops in the city for six months as they brainstorm how to “clean up” the business corridor.
Hearst Connecticu­t Media file photo West Haven City Hall. City officials will not allow new smoke shops in the city for six months as they brainstorm how to “clean up” the business corridor.

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