The Iowa City City Council took the first steps toward approving limits on where tobacco retailers can set up shop in the city Tuesday night.

The city council has been pursuing its options on curbing tobacco retailers in the city for several months, citing concerns over the public health impacts tobacco shops and use can have.

In May, the city council enacted a moratorium, or a halt, on issuing new tobacco retail permits so the council and city staff could research ways the city could address their concerns with the “proliferation” of tobacco shops in the community. The halt is effective until Jan. 1, 2025.

The new rule would state that tobacco retailers cannot operate within 500 feet of another tobacco retailer, K-12 schools, and university property, according to meeting documents. Existing tobacco shops not in compliance with the proposed rule would be allowed to continue operating unless one of four conditions occur:

• The business’ tobacco permit is revoked
• The business’ tobacco permit has expired for more than 60 days
• The business halts the sale of tobacco products for a year
• The business changes to no longer be a tobacco-oriented retailer

At Tuesday’s meeting, the city council was in agreement with the need for the new rule except for one condition: the length of time a non-compliant business could stop its tobacco sales before the proposed rule is enforced.

Originally, the rule stated the length of time would be 90 days, after which the business would no longer be able to sell tobacco products if it was within the 500-foot buffer.

Mayor Bruce Teague said three months seemed too short and could be unfair to business owners. An example Teague used was that if a business experienced unexpected setbacks during renovations and went over the 90-day limit, it would be out of business.

“I don’t think that it’s the right thing for [the] council to do when someone may be renovating their space, trying to figure out financial concerns,” Teague said. “We have some individuals who are minorities that own some of these properties, and sometimes getting loans, as we know, for minorities are a challenge.”

Teague suggested changing the rule to extend this limit to one year, which is the same as the city’s rules for liquor permits downtown.

Councilor Josh Moe said an extension of the limit would make it easier for a tobacco retailer to stay non-compliant, which would not address the problem of a “clustering” of tobacco shops in the city.

“That would be our goal, is that if a retailer were to go out of business that something [other than a] tobacco store would move into that space, especially close to schools and close to other retailers,” Moe said. “I think that extending it to a year reduces the potency of that.”

The council ultimately passed the one-year extension amendment in a 3-2 vote, with Moe and Councilor Shawn Harmsen voting against the change. Councilors Andrew Dunn and Laura Bergus were not at Tuesday’s meeting.

The first consideration of the 500-foot buffer rule passed unanimously with the present councilors. The city council will vote on the rule at two subsequent meetings before official passage.

City council advances kratom ban

The city council also approved its first look at a city-wide ban on the sale and distribution of kratom, which is an unregulated substance commonly found at tobacco retailers that can produce opioid-like effects.

Dunn — who was not present Tuesday — has spearheaded the creation of the ban and has expressed concerns with the unregulated nature of the substance. However, Dunn recently said he has shifted his position to favor stricter regulation rather than an outright ban on kratom after hearing public concerns.

The proposed ban has led to community pushback, including an online petition against the ban that was created on Aug. 8. As of Oct. 1, the petition has garnered over 470 signatures.

The petition states that kratom is commonly used to help those addicted to opioids with withdrawal symptoms as well as pain relief.

RELATED: Iowa City Council moves toward zoning changes for new tobacco stores

Kratom has been labeled a “drug of concern” by the Drug Enforcement Administration, and the Food and Drug Administration has not approved any prescription or over-the-counter uses of kratom.

Kratom has spurred mixed legislation from various states. According to a 2023 report by the Congressional Research Service, six states have enacted bans on the substance, while several others have restricted its purchase to those ages 18 or 21 and older.

At Tuesday’s meeting, a handful of speakers commented on the ban during public comment, sharing mixed opinions. The majority of speakers, though, spoke against the ban and said they would rather see an age restriction regulation.

Mac Haddow, senior fellow on public policy with the American Kratom Association, spoke over Zoom at the meeting against the ban and pushed the city to pursue an age-limit restriction instead. Haddow said the association has advocated across the nation for kratom to be properly labeled and age-restricted so it can continue to help its users in a responsible way.

“I can tell you that the evidence and the science is clear that kratom can help people as long as it’s properly regulated,” Haddow said. “We hope that Iowa City will follow that pathway, and we’re glad to cooperate and help with the development of those regulations.”

Gypsy Russ, a graduate student at the University of Iowa, attended the meeting in person and said she has seen firsthand the concerning effects of kratom on friends.

“I would say they were just completely into outer space within a matter of a couple seconds, and they were not the same person for at least 24 hours afterwards,” Russ said. “I think there are some legitimate uses for pain, but you just never know.”

According to a 2022 study from the National Institute of Health, kratom can be useful in overcoming an opioid addiction because it has the potential to replicate the effects of several addiction-battling medications all in one. However, the study also states that one of the molecules found in kratom is similar to morphine and could potentially be addictive.

The council was also somewhat divided in their opinions on the ban and echoed some of the same points as community members.

Harmsen said the ban on kratom makes sense considering of the lack of regulations as well as how much the substance is advertised in local tobacco shops, which children passing by can see.

Councilor Megan Alter said she was against an outright ban and would prefer an age regulation. Alter said the council is not a medical body and should not say that kratom is banned because of its health impacts while having no issue with tobacco and alcohol use.

“The bottom line is that it is not illegal and that there have been people who have said, ‘This is working for me in medicinal terms,’” Alter said.

The first reading of the ban on kratom was passed in a 4-1 vote, with Alter dissenting and Dunn and Bergus being absent. The city will vote on the kratom ban at the next two meetings before it is officially passed.