New restrictions on smoke shops in Brookfield | Waukesha Co. Business News

BROOKFIELD — The Brookfield Plan Commission recommended approval of a proposed ordinance that would limit where new smoke and vapor shops can open in the city.

The recommendation follows discussion at the commission’s Feb. 9 meeting. Community Development staff worked with the zoning administrator, GIS Department and the city attorney to draft amendments aimed at restricting the concentration and proximity of retailers selling cigarettes, tobacco and electronic vaping products, according to meeting documents.

Under the ordinance, restrictions would apply only to new zoning occupancy permits for businesses requiring cigarette, tobacco or electronic vaping licenses. Existing retailers with licenses would be allowed to continue operating under the city’s legal non-conforming use provisions. A change in business name or license number does not necessarily constitute a change of use, the documents said.

Several updates were made to the proposal since January. The required buffer between tobacco retailers was increased from 250 feet to 500 feet.

Westmoor Country Club was removed from the parks list because, while zoned for recreational use, it does not meet the ordinance’s definition of a park. However, the 500-foot vendor buffer still applies to the parcel because it holds a current tobacco license, the documents said.

The list of licensed vendors was updated for January 2026. Four new vendors were added, three stopped selling, for a net increase of one, bringing the total to 28 citywide.

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There are revised buffers, including 1,000 feet from parks and schools and 500 feet between vendors, and there are now 81 feasible parcels where a new shop could locate. For comparison, 100 parcels would have been eligible under the earlier 250-foot vendor buffer, the documents said.

City staff also cited research supporting density restrictions. A 2021 meta-analysis of 27 studies conducted across multiple countries found “there was an estimated 2.48% reduction in risk of tobacco use behaviors with reduced exposure to tobacco retailer density and proximity.”

The Brookfield Common Council previously adopted a moratorium on the issuance of occupancy permits for establishments selling cigarettes, tobacco products, and electronic smoking devices on Sept. 20. The moratorium ordinance is intended to allow time for the city to consider appropriate regulations for retailers selling these products. The moratorium will expire on March 16, the documents said.

Alderman Mike Hallquist, who is also running for mayor, commented to The Freeman on Wednesday.

“By prohibiting vape shops near parks and schools we’re taking a measured approach that balances individual freedoms for adults with the community health needs of our children. Kids shouldn’t encounter these retailers across the street from their school or nearby to our neighborhood parks and playgrounds. We’ve additionally limited the density of retailers by creating a minimum of 500 feet distance from another vape shop so we aren’t inundated with this specific type of retailer. While no single ordinance will solve everything, we’re taking a great step in the right direction to limit access to these products by our youth. I was glad to see my colleagues and (my) input incorporated in the resolution and city staff did a great job. Thanks to Alderman Bob Reddin for creating the referral,” he said.

The Plan Commission recommends the Common Council adopt the proposed code amendments related to smoke and vapor shops and that the matter will not return to the Plan Commission after the public hearing scheduled for March 3.