Fairfield Bans New Smoke, Vape And Tobacco Shops As Moratorium Expires

FAIRFIELD, CT — The Town Plan and Zoning Commission voted unanimously last week to prohibit new smoke shops, vape shops and tobacco stores in Fairfield, replacing a temporary moratorium that also expired last week.

The commission approved a change to Section 2.4.C of Fairfield's zoning regulations barring those uses in all zoning districts. The regulation allows existing establishments to continue as nonconforming uses and includes exceptions for certain businesses where tobacco sales are incidental.

Town planning staff told commissioners that the Fairfield Police Department and the Town Plan and Zoning Department supported the prohibition. Two letters supporting the change were also submitted.

Commissioner Steven Levy, who moved to approve the amendment, said the regulation was distinct from Fairfield's existing prohibition on cannabis establishments and was based on the commission's authority to regulate land and building uses.

Levy said the proposal addressed public health and safety concerns as well as nuisance conditions affecting neighboring properties.

The regulation does not prohibit all tobacco sales. It allows tobacco products to be sold by pharmacies licensed under Connecticut law and by grocery stores, supermarkets and convenience stores where such products occupy less than 20 percent of the sales area and are incidental to the primary retail use. Businesses devoted exclusively to premium cigars and customary cigar accessories are also exempt.

Levy said those exceptions made the regulation reasonable while allowing the town to address concerns associated specifically with smoke, vape and tobacco shops.

Commissioner Kathryn Braun questioned why pharmacies were specifically exempted. Town staff responded that pharmacies also sell cigarettes and tobacco products but that police had not identified businesses with accessory tobacco sales as a problem in Fairfield.

"The police department indicated that they really didn't find businesses that have accessory sales," Planning Director Emmeline Harrigan said. "They haven't found that to be the problem in town."

Braun also asked whether language concerning cannabis and related products conflicted with Fairfield's separate prohibition on cannabis establishments. Staff said it did not.

Chair Tom Corsillo said the distinction between dedicated tobacco businesses and other retailers selling tobacco products was important.

"This is not a prohibition on any establishment that sells tobacco, which I think is an important distinction," Corsillo said.

He added that police testimony indicated that businesses primarily or entirely devoted to tobacco and nicotine products were the source of problems involving underage sales of tobacco and cannabis products.

Before the vote, staff told commissioners that, if approved, notice of the regulation would be published Sept. 25 and the new rule would take effect that day.