A Tempe business has lost its use permit after City Council voted on April 20 to uphold a resident-submitted appeal against Stogies Smoke & Vape.
Resident Brendan McKiernan submitted a written appeal to Tempe earlier this year citing underage tobacco usage and public health at large. Representatives for Stogies refuted the claims brought forward.
Stogies was first issued a use permit to sell tobacco, cigars and accessories at the commercial center located in Pepperwood Pointe following Tempe’s Development Review Commission split vote of 5-2 in February.
At that time, staff had received 18 public comments, with 11 in opposition and seven in support.
Shortly after the DRC vote, McKiernan appealed the decision on Feb. 24 via letter, citing that the commission’s decision was “based on incomplete and inaccurate statements by the applicant,” as stated in city documents.
In his letter, the appellant stated that the approval was based partly on the assumption that the applicant meets certain criteria, including but not limited to, traffic increases, nuisances to the ambient conditions, contributions to neighborhood deterioration, surrounding compatibility and adequate control of disruptive behavior.
McKiernan wrote that there were other criteria not considered, including the disproportionate impact of tobacco marketing and use on people with lower incomes and people of color as well as neighborhood opposition.
At the April 20 city council meeting, McKiernan along with Stogies’s applicant Antwan Masrelian respectively spoke against and in support of the permit. Additionally, three community members made comments in opposition.
In his presentation, McKiernan, a Tempe resident since 2006, shared his concerns as a community member, asking the council to entertain additional considerations that were not available at the DRC vote.
“The point here is that this is not the character nor the standard that they described and sold to the commission,” McKiernan said.
Specifically, he alleged that Stogies had provided incorrect details about the official name for the Pepperwood location and origins of the business, the applicant only loosely met the approval conditions and that the community is overwhelmingly against this business for promoting tobacco use.
Other residents said there were issues with too many smoke shops in the neighborhood and that this would increase youth interest in tobacco products, according to city documents.
Preparing for the hearing, McKiernan said that the opposition independently verified whether Stogies was upholding its promise of implementing ID checks where the register requires valid ID in order to complete a tobacco-related transaction.
“On March 2, two people, a half hour apart, entered the store, requested a pack of cigarettes, inserted their credit card into the standard point of sale terminal, were handed the cigarettes and left. No ID was requested and no ID was needed to make the transaction,” he explained.
McKiernan provided written statements from the volunteers who participated, verifying these transactions.
In response, the original applicant, Antwan Masrelian held firm in his position that the business does not sell to minors and is working to make sure Stogies upholds local and federal regulations of tobacco.
“That’s always our goal. We want to stay in business, we do not like to sell to minors,” Masrelian said.
Based in California where a three-strike rule penalizes businesses that sell to minors, the Stogies group operates three retailers there and is expanding its Arizona presence to Tempe, keeping its principles top of mind.
Masrelian also defended the store’s ID verification system, adding that they scan all IDs and also provide high quality products.
“I’m just trying to do business here. Tobacco is a legal business. There’s nothing illegal we are selling in the store,” he said.
Following the Stogies presentation and additional public comment, council began their discussions with the applicant, appellant and other staff members about whether to approve or deny McKiernan’s appeal.
Briefly breaking into executive session, Mayor Corey Woods sought legal advice from City Attorney Sonia Blain on the DRC’s decision. Reconvening, the mayor asked council for a motion, with Council Member Randy Keating making the motion to approve McKiernan’s appeal.
The motion passed, 7-0, effectively denying Stogies the use permit.
Reporter Caroline Yu can be reached at cyu@iniusa.org
To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.
Meet Caroline Caroline Yu joined Independent Newsmedia, Inc., USA, in 2020 as a summer intern covering Scottsdale. As an intern, she continued her coverage of Scottsdale, Paradise Valley and Tempe. After graduating in 2022, Caroline became a full-time reporter for Scottsdale and Paradise Valley. She is currently reporting for the Tempe market.
Community: She is a supporter of the environment and tries to get involved with related community events.
Education: Arizona State University with a BA in Journalism and Mass Communications, with a minor in French.
Random Fact: She used to be a ballet dancer for 10 years.
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