Livingston Planning Commission gives OK on smoke shops

Livingston residents might soon have a place to buy a tobacco pipe or take a puff at a hookah lounge, despite hesitation from local politicians and law enforcement officials.

During a special meeting Wednesday, the city’s Planning Commission voted unanimously to recommend allowing smoke shops and lounges to operate in Livingston under certain guidelines. The commission’s recommendation will go before the City Council early next month for consideration.

Commissioners decided a smoke shop or lounge must obtain a conditional use permit and stay at least 500 feet away from another smoke shop, school, library, public park or church. The shops can be located in downtown Livingston and a commercial-industrial area near Hammatt Avenue, according to city documents.

The City Council in December 2013 passed an emergency moratorium to prohibit smoke shops after two individuals tried to open them in downtown Livingston. The 45-day ban on smoke shops was extended several times, leading to the two business owners opening stores elsewhere.

The moratorium ended on Nov, 21, prompting the Planning Commission to take up the issue this week.

Chairman Luis Enrique Flores told the Merced Sun-Star he was pleased with the commission’s unanimous recommendation. Flores said he supports the idea of having more diverse businesses, including smoke shops, in Livingston.

A number of city residents have expressed interest in having a smoke shop in town, he added.

“I’ve heard folks say that if we had a smoke shop here they would visit it, instead of having to drive to Turlock,” he said. “We’re taking our money elsewhere. We’re not socializing in Livingston, and I think it’s stunting economic growth because it’s limiting creative outlets for people.”

But Livingston Police Chief Ruben Chavez said smoke shops and lounges have been problematic for other cities, often increasing crime and attracting the wrong crowds.

“They attract a lot of folks that might be involved in smoking marijuana unlawfully,” Chavez said. “I’m all for growth for downtown, but I think it’s all about the fit for what businesses are suited for each area.”

Mayor Pro Tem Gurpal Samra said he doesn’t take issue with selling tobacco or having a lounge to smoke hookah, but is opposed to shops that sell pipes and other paraphernalia.

“These pipes can be used for marijuana and cocaine,” Samra said. “I believe making it easier for our kids to get their hands on these things is not a good thing. If they want to open a smoke shop without pipes, then I will be OK with it.”

Samra said the city is working on revitalizing its downtown with new lighting, wall art and other amenities, allocating $800,000 in its budget for beautification projects. However, Samra said, “adult entertainment” doesn’t fit into the picture – even if it means losing the tax revenue to a neighboring city.

“If they want to go to Turlock, I can’t stop them,” the longtime councilman said. “We’re not going to override our own principles based on a couple extra dollars in tax revenue. If I were to OK this, what message would I be giving to my kids?”

The City Council will discuss the Planning Commission’s recommendation at its first meeting in January, according to Livingston City Attorney Jose Sanchez.

This story was originally published December 18, 2014 at 6:30 PM with the headline "Livingston Planning Commission gives OK on smoke shops."