Iowa City enacts new regulation on tobacco retail locations, lifts tobacco permit moratorium

Tobacco retailers in Iowa City are now facing restrictions on where they can set up shop, following the city’s adoption of a zoning code amendment meant to promote public health by discouraging tobacco use. At its meeting Dec. 10, the Iowa City City Council voted unanimously to pass an ordinance amending the city’s zoning code that would now require a 500-foot buffer between tobacco retailers and K-12 schools, institutions of higher education and other tobacco retailers. The ordinance comes after months of debate, particularly surrounding exemptions for existing tobacco retailers who are allowed to continue operating under a grandfathered provision. Under the ordinance, these retailers would lose that provision under four conditions: if their permit is revoked, if they fail to renew their permit beyond the 60-day allowance, if they discontinue the sale of tobacco products for 90 days or more, and if they alter their business use. The council also voted unanimously to lift the moratorium on the issuance of tobacco permits, ahead of its Dec. 31 expiration. The moratorium was enacted in May for the purpose of giving council members and city staff ample time to study the health impacts of tobacco use and to consider practical regulations, citing concerns about the proliferation of vape shops and tobacco retailers springing up in the city. “We are aware that there are a number of sales of properties and other things like that, where folks are anxious to move ahead,” said city attorney Eric Goers, addressing why the premature lifting of the moratorium coincided with the passage of the tobacco ordinance. “We want to have those line up, not have a gap in the lifting of the moratorium and the application of the new law.” The vote to lift the moratorium passed unanimously.

Special election to be held to fill council seat

The council also passed a resolution to hold a special election for the vacancy created by council member Andrew Dunn, who announced his intent to resign in October. The Dec. 10 council meeting was to be his last day.

Mr. Dunn cited increased “professional obligations” surrounding his role in the labor movement as his reason for stepping down. Mr. Dunn has represented Iowa City District C for the past two years. Mr. Goers said the special election would most likely be held March 4, and Feb. 4 if a primary election were needed – that is, if three or more candidates vie for the position. If the council selects the March 4 date, candidacy petitions would be due Jan. 10 and each petition would require at least 144 signatures from eligible electors in District C. “I have really appreciated the time to work with you all, and to serve the community in this way,” Mr. Dunn said to the council. “I'm incredibly proud of everything that we've been able to accomplish over my two years on council, and I really leave this position with a lot of security and really, happiness. I know that our community has an incredible team at the dias, (and) aside the dias, in all of our incredible other public servants, so I'm not too worried about how things are going to go.” The council voted 5-0 to hold a special election, with council member Dunn abstaining.