UPDATE (1/31/23): Following a lengthy discussion during Tuesday’s Zoning, Neighborhoods & Development Committee, the proposed ordinance was approved, and will advance to the full Common Council on February 7. However, committee members raised numerous concerns about legality, implementation, and enforcement. Those concerns are expected to be addressed via tweaks and amendments to the language of the ordinance, and ready by February 7. Stay tuned.
Tired of seeing new “vape shops” pop up in Milwaukee faster than dandelions in the spring? You’re apparently not alone.
On Tuesday, the city’s Zoning, Neighborhoods & Development Committee will consider an ordinance that would create a six-month moratorium “on the issuance of certificates of occupancy for establishments selling electronic cigarettes or electronic cigarette paraphernalia.”
“The city recognizes that a proliferation of establishments selling electronic cigarettes or electronic cigarette paraphernalia, particularly when concentrated geographically, can have a negative impact on public health, safety and welfare,” reads the text of the proposed ordinance. “Therefore, the city finds that an in-depth examination of its regulations for establishments selling electronic cigarettes or electronic cigarette paraphernalia is timely and necessary.”
The proposed ordinance, sponsored by Ald. Jonathan Brostoff, Ald. Marina Dimitrijevic, and Ald. Mark Borkowski, comes with an August 1, 2023 expiration date.
“The recent explosion of vape shops has caused a lot of concern in the community and raised a lot of questions,” Brostoff tells Milwaukee Record. “We need to take a step back and look at how to best move forward together which is why we’re introducing this at tomorrow’s committee. We will take the time to assess our options and come up with the best plan to move forward for our community and for the city.”
The proposed ordinance is set for discussion during the Zoning, Neighborhoods & Development Committee on Tuesday, January 31 at 9 a.m. If passed, it would need final Common Council and mayoral approval. The next full Common Council meeting is set for Tuesday, February 7.
Here’s the full text of the proposed ordinance:
Title
An ordinance relating to a moratorium on the issuance of certificates of occupancy for establishments selling electronic cigarettes or electronic cigarette paraphernalia.
Section
200-43.5 cr
Analysis
This ordinance creates a moratorium, until after August 1, 2023, on the issuance of certificates of occupancy, temporary certificates of occupancy, and conditional certificates of occupancy for establishments selling electronic cigarettes or electronic cigarette paraphernalia.
Body
Whereas, The Common Council finds that the availability and use of electronic cigarettes may have harmful impacts on the welfare of Milwaukee residents; and
Whereas, The Common Council wishes to review the City’s existing regulatory structure for establishments selling electronic cigarettes, and to develop revised regulations that better serve the interests of the residents of Milwaukee; and
Whereas, It is therefore appropriate to declare a moratorium on the issuance of certificates of occupancy for new establishments that sell electronic cigarettes or electronic cigarette paraphernalia; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-43.5 of the code is created to read:
200-43.5. Certificate Moratorium; Electronic Cigarette Establishments.
1. PURPOSE. The city, in the exercise of its authority to issue certificates of occupancy and the administration and enforcement of its building and zoning regulations, strives to follow certificate-issuance procedures and practices that best meet the needs of the residents of Milwaukee while allowing property owners to make reasonable use of their properties. The city recognizes that a proliferation of establishments selling electronic cigarettes or electronic cigarette paraphernalia, particularly when concentrated geographically, can have a negative impact on public health, safety and welfare. Therefore, the city finds that an in-depth examination of its regulations for establishments selling electronic cigarettes or electronic cigarette paraphernalia is timely and necessary. For that purpose, a temporary moratorium on the issuance of certificates of occupancy, temporary certificates of occupancy and conditional certificates of occupancy for establishments selling electronic cigarettes or electronic cigarette paraphernalia is established.
2. MORATORIUM. A moratorium on the issuance of certificates of occupancy, temporary certificates of occupancy and conditional certificates of occupancy for electronic cigarette selling establishments is established commencing on the effective date of this ordinance [city clerk to insert date] and terminating after August 1, 2023.
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