Tobacco retailers in Iowa City have reported little effect from the permit moratorium placed by the city earlier this year, which temporarily suspended the issuing of new tobacco licenses. However, it may be more difficult for new stores to open up shop as the city looks to pass a zoning law.
The moratorium, a momentary pause on a law, was enacted in May and will last until Jan. 1, 2025. This decision was made to combat rising numbers of tobacco use in youth, as reported by the National Institute of Health and the Center for Disease Control, as well as what was described as a “proliferation” of tobacco shops in Iowa City by city councilor Andrew Dunn.
According to statistics published by the Center for Disease Control, 10 percent of middle school and high school students — approximately 2.8 million people — actively use tobacco products in some form as of 2023.
The moratorium itself has had little to no impact on already licensed businesses in the Iowa City area. Chris Wright, store manager for Hartig Drug, located at 701 Mormon Trek Blvd., said he has observed normal sales. Wright said he was not aware of the ordinance. The Kum and Go gas station at 731 S. Riverside Drive also reported normal sales.
Despite the moratorium lasting for the remainder of 2024, the city council has had lengthy discussions — and nearly reached an answer — on what the ordinance for tobacco licensure will look like in Iowa City.
Dunn said the majority of the council was in support of added restrictions on issuing tobacco licenses in the Aug. 20 work session. This is a slightly different plan than what was recommended by City Attorney Eric Goers in a memo sent to the council on July 11.
Dunn said the city’s regulation of tobacco sales is possible under Iowa City’s “home rule,” which means that Iowa City as a local government may make decisions apart from what the state government decides.
The council decided to set a zoning ordinance that would establish a 500-foot buffer zone between permitted locations and sensitive areas, including schools and parks, Dunn said.
There are still public comment sessions and readings that may change the city’s plans. However, Dunn said the majority of the council has made their decision in favor of the zoning ordinance.
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The new ordinance would not affect businesses currently licensed under the grandfather clause, Dunn said. Current businesses are allowed to hold their existing licenses in perpetuity, despite changing zoning laws, until the location changes their merchandise.
Regardless of physical location with respect to zoning laws, an establishment selling tobacco products may continue to do so until it stops selling those products, at which point it cannot renew its license, Dunn said.
“We don’t want kids to be influenced to do stuff like this,” Dunn said. “Of course, people are able to make their own choices, but we do want to limit the concentration of tobacco shops in our community.”
Additionally, Dunn addressed the city’s decision on the sale of kratom, which has been discussed along with tobacco use. Kratom is a substance that produces “opioid and stimulant-like effects,” according to the National Institute on Drug Abuse.
The city council agreed unanimously in the Aug. 20 work session to place an outright ban on kratom sales in Iowa City.
Other means by which the council could have decided to limit tobacco permits include non-zoning methods, such as a cap on permits. In an email to The Daily Iowan, Goers said he addressed these means in a memo to the city council.
The city attorney wrote the council could have pursued a cap of some form, such as a geographic cap, which would restrict permits to a certain number in a specific area. However, Goers wrote the council did not want to pursue a cap of any kind.
Goers wrote the moratorium was his proposition, which was given so the council had ample time to consider options for the regulation of tobacco products.
“One of my jobs is to advance the strategic goals of the council, so I presented them with the moratorium to freeze the status quo while they took time to consider a number of options,” Goers wrote.