Zoning change for vape stores nixed

Plans to allow electronic cigarette and vape stores in the Village of Grafton’s South Commercial Business District went up in smoke this week.

The Plan Commission on Tuesday unanimously voted against amending the zoning code to allow for such stores to apply for a conditional-use permit after holding a second public hearing on the proposal.

“We are known as a white (collar) community, and we are going to be known as an inner-city community,” resident Rita Liesiefsky said in opposition to the proposed change.

The commission last month tabled consideration of the proposed zoning ordinance amendment to allow staff to gather more information on the health effects of e-cigarettes and vaping products.

Community Development Director Jessica Wolff said she had received numerous emails opposing the proposed amendment.

The amendment was brought to the commission by Heba Musleh, the former owner of the Citgo gas station on Wisconsin Avenue who currently owns the Senor Luna and Verlo Mattress properties. She said she wants to continue doing business in Grafton by opening a shop with both smoke and vape products, including hookah and “glass” products.

“I want to stay in Grafton, and I want to do other business,” she said.

Commission member Carl Harms said those types of stores are not good for the community.

“My grandson, who is a high school student, told me, ‘Grandpa don’t do it,’” he said.

“I would hate to see people from Port Washington, Saukville and Cedarburg coming to Grafton (to buy vaping products).”

Commission member Dave Antoine said he is concerned about the harmful health effects those products can have on youths.

Village President and Commission Chairman Jim Brunnquell said the stores are inconsistent with the character of the community and village’s brand of “Quality Life. Naturally.” 

“I can’t support this in good conscience,” he said.

Musleh said she didn’t think government should prevent a legal business from opening.

At last month’s public hearing, resident Andrew Gosse said he wanted to open a vape store in Grafton. He said vaping reduces the health risks from cigarettes and has been shown to help adults quit smoking.

Gosse also said that there are at least several stores in the village that sell vaping products.

While the sale of vaping and e-cigarette products is not permitted under the village’s current ordinances, several gas stations and liquor stores along Wisconsin Avenue in Grafton sell those products.

Wolff said the village is not aware of those stores, noting staff members only investigate complaints. She also said state statutes do not allow the village to prohibit any legal business.

“It’s similar to our current enforcement of CBD products,” she said. “They are not allowed, but they are being sold in the community. If there was a citizen complaint, I would look into it and enforce our ordinance.”

Village staff initially recommended the commission support approval of the amendment, but a motion to do so was denied before a final vote on the proposal.

“This inconsistency is glaring,” Musleh said.