The Apache Junction Planning and Zoning Commission approved a conditional use permit for a new smoke shop during their meeting on Tuesday, with a 5-2 vote after hearing passionate testimony from both sides.
Business Details
Noah Morrill-Mason, the applicant behind Saguaro Smoke Shop, presented his vision for a “high-end smoke shop” to be located at 100 West Apache Trail in Units 8 and 9 of Parkway Plaza at the northwest corner of Idaho Road and Apache Trail.
“At Saguaro, we are on a journey to eliminate the stigma and the bad mindset that you get when you hear the word smoke shop,” Morrill-Mason told the commission. “We are set out to set a new standard for what the smoke shop industry can be and should be.”
According to the project narrative submitted with the application, the shop will offer premium products including glass water pipes, herbal vaporizers, cigars, nicotine products, and CBD items. Morrill-Mason emphasized repeatedly during his presentation that the store would not sell marijuana.
“We don’t sell marijuana. We don’t plan on selling marijuana at all. We are not a dispensary,” said Morrill-Mason. “Every product that will be in our inventory will be 100% legal, no ifs, ands or buts.”
Operation Policies
Morrill-Mason outlined several operational policies aimed at addressing potential concerns:
“This is not a lounge,” he stated firmly. “We are a retail-only establishment. We won’t have any areas for customers to hang out or try product.”
The business will enforce a strict no-smoking policy on or near the premises, with signs reminding customers of this rule.
“No smoking will be allowed on or near the premise,” Morrill-Mason said. “We will ensure to maintain a clean, odor-free and welcoming storefront.”
A no-loitering policy will also be enforced. “No one likes when anybody’s hanging outside of their business, and no one feels comfortable going into a business when someone’s surrounding it,” he explained.
Public Concerns
During the public comment period, resident Gordy Harder voiced strong opposition to the smoke shop.
“The Center for Disease Control says that 480,000 people die each year from smoking,” Harder told the commission. “Do you know how much smoking costs the United States in 2018? $600 billion.” [Reference]
Harder urged the commission to reject the application, stating, “You have a perfect chance to squelch this… I do have something against those of us that can prevent this kind of disaster in our communities, and we don’t take the opportunity to do what we need to do.”
Another resident, Mara Summers, offered a different perspective, pointing out inconsistencies in how smoking products are regulated.
“If you refuse him, are you going to refuse Fry’s from selling cigarettes?” Summers asked. “Is this any different from a liquor store, as far as drug paraphernalia that might be there? The Feed Store sells syringes that can be used for heroin and various things. The Dollar Store sells teaspoons which are used in heroin.”
Summers concluded, “I don’t think that this retailer should be denied simply because he’s selling something that other people are selling.”
Commissioner Discussion
Commissioner Dr. Roy Starr, who identified himself as a health scientist doctor, questioned Morrill-Mason about smoking cessation programs and warning signage.
When asked how he would handle pregnant customers seeking tobacco products, Morrill-Mason said, “If a pregnant lady comes in, ‘Hey, I want some cigarettes.’ ‘Heck yeah.’ ‘Are these here for you today?’ ‘Well, they are.’ ‘Well, this makes me feel a little bit uncomfortable, but I would like to decline this sale today.'”
Commissioner Sheryl Bigelow expressed concern about market saturation before the vote. “I don’t see the need for another smoke shop. I don’t know if you realize, but from the east side of Meridian to Thunderbird, that’s 1.4 miles, there’s already six smoke shops,” she said.
Vice Chair Robin Barker supported the application, stating, “I think that one of our folks that came up and spoke hit the nail on the head. You can’t legislate people’s habits or what people are going to do about that because we have stores all over town that sell the same products, basically.”
Approval and Next Steps
According to the draft resolution and staff report, the commission approved the conditional use permit with seven conditions, including requirements for the shop to restripe parking spaces, comply with local laws, maintain a no-smoking policy, provide security systems, and operate between 9:00 AM and 9:00 PM daily.
The vote passed 5-2, with Commissioners Starr and Bigelow voting against the proposal.
Following the vote, Development Services Director Rudy Esquivias informed the commission that “any aggrieved individual could appeal this case to council within 20 days in writing, and for subject to a filing fee.” If no appeals are filed, Saguaro Smoke Shop will be able to proceed with opening at the Parkway Plaza location.
