Cleveland City Council leaders, including Council President Blaine A. Griffin, Majority Whip Jasmin Santana and Councilperson Kevin Conwell, introduced a series of ordinances Feb. 10 to regulate the approximately 450 Cleveland-based smoke shops.
These smoke shops are businesses that use at least 20% of their floor space to sell kratom, CBD, delta-8 and other cannabinoids; tobacco and nicotine products; electric smoking devices (vapes); and any accessories to these products (papers, water pipes, etc.)
The ordinances set zoning limits where any new stores cannot be less than two miles from a current store, requires licensing of the businesses, sets a 21-year age limit on the sale of vaping and tobacco products, prohibits marijuana sales and limits advertising to 25% coverage of outside windows.
These regulations are necessary to address residents’ concerns and set standards, said Conwell, who is also chair of the council’s Health, Human Services and the Arts Committee.
"The residents at all 17 of our city council meetings have been complaining and the residents, they need to know what's going on," he said. "We need to have these smoke shops on the books so that we can talk to our residents about it and so they know that the city is monitoring and controlling what kind of products they're selling. All those things need to be regulated."
Part of the problem is that these smoke shops are overwhelming neighborhoods, opening too close to places where youth are, Santana said. She co-sponsored a zoning ordinance requiring no less than two miles between an existing shop and any new ones.
“I have about 12, probably even more, vape shops in my neighborhood that have opened within the last year, less than a mile away from each other on important corridors," Santana said. "What we're trying to do with this legislation is make sure zoning restricts and prevents vape shops from operating near schools and youth centers, and are further away from each other."
Smoke shops are crowding out other businesses, including locally-owned ones, she said.
"We have a large, growing Latino population, so there's Latino-led small entrepreneurs," Santana said. "There are businesses that want to open in the Ward 14 area, but as soon as the storefront is available, then a vape shop moves in there."
Santana also said so many smoke shops so close to one another can be detrimental to the neighborhood's health.
"I serve a very vulnerable neighborhood," Santana said. "Our chronic disease is higher, mental health is high, and so for 12 to 14 vape shops to be able to open just less than a two-minute walk from each other, it really hinders our neighborhood. It really does hurt it."
The city council plans to move forward with the ordinances after it completes the city budget negotiations in February, Conwell said.
First, he will visit several area smoke shops with Dr. David Margolius, director of Cleveland's Department of Public Health, to learn more about the businesses. They plan to use this information in presentations to council members during March hearings with committee members, and in meetings with members of the public, Conwell said.
After committee hearings, the ordinances will move to a floor vote. If passed, they will be moved to Mayor Justin Bibb's office for his signature, Conwell said.
