North Little Rock will no longer allow vape shops in residential districts after Park Hill neighbors voiced concerns about a new shop on John F. Kennedy Boulevard.
The North Little Rock city council voted to update restrictions regarding head shops, tobacco and vape stores on Monday.
Officials defined "head shops" as retail stores specializing in the sale of paraphernalia used for the consumption of tobacco, cannabis, herbs and recreational drugs in an updated Ordinance No. 9263.
Head shops will not be permitted within 1,500 feet of any place of worship or church or a public or private school.
The council voted that new head shops, tobacco and vape shops will no longer be permitted in residential areas like Park Hill. New requests for such businesses outside of permitted zones will require rezoning or a special use permit.
This ordinance does not apply to the VIP Smoke Shop, which has taken over the old Stroman's furniture store at 3201 John F. Kennedy Boulevard, due to its classification under a "retail" business rather than "tobacco sales," city attorney Amy Fields said.
Many local business owners were alarmed by the new shop after all their efforts to pursue a "family-friendly" atmosphere in the neighborhood.
The Park Hill Business Merchant Association held an emergency meeting of over 60 members and residents last Saturday to prepare statements for the public comment period at Monday's meeting.
About 30 neighbors showed up to voice opposition to the new smoke shop.
David Larson, owner of Angry Dave's Bicycles, said the vape shop looks like "something out of the red light district in Amsterdam."
"Allowing businesses to license under retail because of the reasoning of 'it doesn't say anything about vape shops in the overlay,' when they did not exist 10 years ago is ludicrous and an absolute insult to every business owner in Park Hill," Larson said.
This ordinance opens loopholes to allow any business in the area as long as total sales are less than 50%, he added.
"I can now sell guns, as long as it is less than half of my monthly sales," Larson noted. "That is the message being sent out right now and it means that everything the merchant's association has done over the last 10 years has been for nothing."
Wendy Gregan spoke on behalf of her husband John, president of the Historic Park Hill Neighborhood Association, saying that the lighting of the shop does not conform to the overlay plan and noting the advertisement of a drive-thru servicewhen there is not one available.
She also noted the shop did not get approval for it with the city.
"They are flaunting their ability to just do it and ask permission later," she said. "That's not acceptable to us. We have a beautiful neighborhood, we've worked very hard over 10 years to improve our neighborhood with the overlay plan, our alderman, and [Rock Region] metro people."
Gregan added that the neighborhood's goal is to make sure owners at the VIP Smoke Shop are held accountable for not following city ordinances.
Shawn Spencer, director of city services, said a sign contractor visited the city on Monday but had no plans to change the current "drive-thru" sign on the front of the building.
"There's illegal signs all over that property that [the owner] put up," he said. "That's gotta come down and we gotta wait for a sign contractor to do that."
Mayor Terry Hartwick said the owner was given 20 days to remove the old Stroman's furniture store sign from the concrete parking lot.
Spencer said that even if the owner were to remove the drive-thru sign, he could put it on another side of the building that does not face the street and be in compliance with city code.
City attorney Amy Fields said the city cannot regulate content of signs per the First Amendment.
"We can have regulations as to the size and the placement," she explained. "We can have regulations as to elimination, but in the Park Hill overlay district [ordinance] ... to my knowledge, there are not regulations in place that deal with elimination, so that puts us legally, in a hard position when the neighbors don't like it."
Fields said that she has done legal research and found that vape and tobacco shops are two different things under state law.
Mayor Hartwick said he asked the state attorney general about this classification and concurred with Fields that the two are defined differently even though they are regulated under the Arkansas Tobacco Control board.
"That's why we've come back with this ordinance so that this does not happen in the future in the overlay districts and so that they are regulated," Fields said. "But at the time that this came up and the planning department came to me, I had to look at our laws and how we apply them."
She pointed out that gas stations and convenience stores at the block between A Street and B Street are permitted to sell tobacco and vape products -- through "incidental use," since it is not their main point of sale -- and do not have to have a special use permit.
"Because state law defines vape and tobacco differently and tobacco has a very specific definition, I felt like our hands were tied in that we did not have the discretion to deny the applicant the zoning certificate," Fields said.
Nathan Hamilton, representative for Ward 1, said Fields is right on this issue but understands that alternative legal opinions are out there.
"I think the neighborhood just wants the city to try every way possible to keep out a business that has already blatantly ignored so many regulations," he said. "If we don't do anything as a city I'll encourage and support the neighbors to file a civil nuisance lawsuit against the owners because of those blinding lights."
Kent Walker, of Walker Law Firm in North Little Rock, clarified that the shop defines itself as a "smoke shop" and the Federal Drug Association considers vapes a tobacco product.
"Nationally, they're one and the same," he explained. "... Although Ms. Fields disagrees with the analysis, the municipal league has told me that retail and tobacco products are the decision of a city, that they could theoretically go in either category and neither one is wrong ... There is some interpretation to be open on this."
Walker asked the council members to remain open about this issue and know that Park Hill business owners will be coming back to explore alternatives.
"I know you have an agenda today and you'll have an agenda in two weeks and two weeks thereafter but just know that we're coming back because this is not over," he said. "... Just saying 'we can't do it' or 'we're not going to do it' and 'there's no hope for you,' is not the answer, it's not the solution."
Walker reminded the council that the business merchants association decided what types of businesses they wanted years ago, and a vape shop was not one of them.
"When we come to you as a business group, we come to you as a neighborhood to self-regulate. I think you should pay attention to that. How many people come before you and say 'regulate me more?' I doubt it's very many, it's usually the opposite. But remember we are trying to create a neighborhood, a sustainable community and a walkable community in Park Hill."
Hartwick said the city council will be watching for anything "out of the ordinary" at the vape shop and will keep the people of Park Hill informed.