Mmuds Good afternoon and welcome to Pittsburgh City Council's Cable Cast public hearing for Tuesday, May twenty-sixth, twenty twenty, May twenty-sixth, twenty twenty-six, relative to bill twenty twenty-five, twenty-two-fifty.

I'm Bobby Wilson, the chair of the land use and economic development committee.

And we will begin if the clerk if the clerk please read the bill, and then we'll move to a presentation, and then we'll hear from the speakers.

Bill 2025-2250, ordinance amending the Pittsburgh Code Title IX zoning, Article 5 use regulations, Chapter 911, primary uses to add retail tobacco inhalant and cannabinoids to add specific requirements and conditional use application requirements.

Thank you.

And for the record, we'll join by Councilman America Strasberger.

And then also online, we have Councilman Council President Lavelle.

And as members join, uh I will recognize them.

So let's start out with um City Planning.

I know we have, if you could introduce yourselves, and then we could go to the presentation that you've you provided for us.

Uh so I'll start with introductions.

Um, I'm Carolyn Ristile, the zoning administrator for the city of Pittsburgh.

Um, and with me um uh she's pulling up the presentation is Kate Rickis, uh, one of our senior um planning manager.

Not yes, not senior planning manager on the technical issues this morning or this afternoon, but we'll get there one second, sorry.

Well, this is uh city planning, not innovation and performance.

And I thought I had planned ahead and uh downloaded it, but there you go.

So just so the speakers know, so we have a moment, we'll um move to the speakers that are registered uh after the presentation, and then we will um go to unregistered speakers, and then we'll move the comments for members if members have any comments.

So just bear with us.

Alright, apologies for the delay.

That will let me move forward.

Great.

Uh so thank you for the introduction.

Uh just a quick agenda.

Uh we're just gonna talk about how we got here today, talk about the process on the legislation and uh city planning's uh proposals changed for to the legislative legislation content that we worked on with city council, and then next steps from here.

All right, uh so on April 15th of last year, this council bill 2025 uh 2250 was referred to planning commission for report and recommendation.

Uh and then on April 7th of this year, Planning commission made a positive recommendation to City Council with the following conditions that the legislation be amended by substitute at City Council, and then Planning commission also made a motion for planning staff to follow up with the commission on the legislation within one year.

Uh and then as required by the zoning code, we emailed notice and posted notice of this public hearing 21 days uh before uh the council hearing today.

Alright.

So then the actual process for the legislation, so it was introduced to council, referred to planning commission.

The legislative legislation created a new definition in the primary use section, which related to uh revisions to the I'm on top of it today.

Revisions to the primary use table and added design and operational standards for the restricted goods, personal retail, and that's the definition, but it's what we generally think of as a vape shop.

The city planning highlighted that the proposal could be amended to ensure that we could enforce it, the proposed standards and make sure the language was written clearly and worked on some discussion around what zoning districts that the use should be allowed.

So we worked together with council staff and with the Pittsburgh Downtown Partnership to review and revise the proposal.

We collaborated and simplified the definition use table and standards to ensure they are clear and enforceable under zoning.

And then this revised version received a positive recommendation at planning council planning commission to be amended at City Council.

Alright, and then the why about why we're doing this, this is just some general background information.

Again, these are like electronic cigarettes, what we think of as vapes, which contain harmful substances, including nicotine, and per a recent review in Health in Place, vape shops access nodes in the built environment, then increase visibility, accessibility, marketing exposure, and the normalization of vaping behavior, especially among minors and socially vulnerable populations.

And the zoning code doesn't have a current uh doesn't currently have a separate definition for vape shops.

We would just consider them retail sales and surface.

However, many other cities have adopted regulations for these vape shops.

So it is considered a best practice at uh at this point.

Uh and then with a buffer from schools and primary and secondary schools to reduce the likeness, the likeliness of youth exposure and uh possible initiation to vaping.

All right, so we're just gonna walk through what's in the current uh legislation for um uh for the uh retail tobacco inhalant and cannabinoids.

Uh so we amended that to have a broader yet more direct description.

Uh we expanded and clarified the list of products in the in this category.

So we added uh nicotine products in addition to just vape products, and we removed some of the uh shelf space and branding tests that just didn't sort of work for best practices for the way that we would actually regulate and enforce these.

Uh, we also simplified the use table, so this is the zoning districts where it would be allowed.

Um, and so uh right now, the in the way that the bill was originally introduced, it was permitted by right in the urban center mixed use.

Then it was a special exception in the uh local neighborhood commercial, uh neighborhood industrial, general industrial, residential mixed use, riverfront, north shore, and riverfront GI, the general industrial, and then it was a conditional use, and so the conditional use would be a hearing at Planning Commission and City Council in the urban neighborhood commercial, highway commercial, urban industrial, uh urban center employment, golden triangle, uh riv mixed use and riv industrial mixed use.

Uh so really we felt that it made the most sense to have these as a special exception.

So this would be required to have a hearing at the zoning board, and they would have to meet the standards as outlined uh in the use table, but then in these districts uh it would be again permitted with that hearing.

So that's the neighborhood industrial, urban neighborhood commercial, highway commercial, general industrial, urban industrial, UC, urban center mixed use, uh, urban center employment, riv mixed use, riv north shore, riv GI, the general industrial, and riv IMU, the industrial mixed use.

Uh so you'll notice in this second list uh as of right now it's not permitted at all in the golden triangle or what we think of as downtown.

Uh and then we did revise the design and operational standards again just to make sure that it was something that we could uh review and enforce.

All right, uh, and then we revise the definition.

To be uh retail tobacco, inhalant, and cannabinoids.

I'm not going to read this whole thing, but uh you can read it here.

Again, it's uh uh products uh selling products, uh including tobacco, electronic cigarettes, smoking and uh uh inhalation accessories, uh, hemp and other synthetic camonoids, and anything that has the sort of uh psychoactive or euphoric effects.

Um, and then it also includes what the what the business name would be or how they would advertise themselves and their name or trait trade name.

Um, and then all of these for uh meeting the definition are judged on whether it's the principal retail activity.

Uh this was a topic that came up during planning commission hearing and planning commission and and city council wanted us to understand how we would actually regulate what would be a principal retail activity.

Uh, we are taking a look at that and come out with some best practices, and we are going to sort of publish those so everyone would know at the outset um what we would consider that.

And you'll see that on our next steps as well.

All right, again, I'm not gonna read these again, but you can see the districts that it's uh um a special exception, which requires the hearing at uh zoning board, uh, and then the standards um that they can't be located within a thousand feet of an elementary or secondary school.

They can't operate overnight, so that's between 11 p.m.

and 9 a.m., and there's no self-service sales permitted.

Um so we took a look at together with city council what these buffers around schools would actually look like.

Um, originally the legislation had uh additional uses that it needed to be buffered from.

Uh once we actually took a look at that, we realized that it would be prohibitive because we're not allowed to completely exclude uses uh within the city of Pittsburgh as per PA, so state code and um uh zoning board's determinations that we do need to allow all uses within the city of Pittsburgh.

So there needs to be a reasonable area where they would be allowed.

Uh so this is what the bill currently is uh for the thousand-feet buffer from schools.

So the uh lighter purple is where it would be allowed uh in the zoning district is a special exception, and then the per the darker purple is the buffer around schools where it couldn't be sold.

Uh so we did take a look at a couple other things, and this came up as part of the planning commission hearing as well.

Uh we did look to see whether um uh you know how far apart it would be from other tobacco retailers, but unfortunately we really didn't have a complete data set here like we did for other things like schools and daycares that are um required to have a registration or a license that we could actually track.

So we didn't provide that here.

Um we did look at daycares as well.

That's the first one.

Um, this in addition to uh reducing where it would be allowed, we also felt that daycares um it's just not the same.

It's a younger younger group where um they would be much less likely to be walking into a vape shopper, you know, just sort of less of an impact that we felt than the uh uh elementary and secondary schools.

Uh we also looked at religious institutions again.

This would severely limit where uh it could be permitted, uh, and then the same for parks.

Uh and then after our city council hearing, we were asked about libraries.

Uh and please excuse the color on this, it's a little different from the other one.

We we just got this data.

Um, but if we just looked at libraries, um, this is where it would also be prohibited, so that there's the um the teal in this is where it would be allowed, and then the sort of lighter blue is the color of the buffer around uh libraries.

So if this was something that city council would like to add, the bill could be amended um reasonably to add the library buffer as well.

Um, and then yeah, let's next steps.

So the legislation needs to be amended by a substitution to the one that was uh received a positive recommendation at planning commission.

Again, we're gonna continue to clarify and post how we define principal retail activity.

Uh and then again we'll follow up with uh planning commission within a year to report on um the sort of the regulations and and how the legislation is working.

And I think that's it.

Sorry, thank you.

Anything now?

Or just go straight to the.

Uh I I thought she did a great presentation.

And I'll be happy to answer any questions when it comes to that point, but we can move on to the next step.

Right.

Our next step is moving on to uh public comment.

And our um, so for testimony.

For public speakers that are here.

Please give your name andor neighborhood uh for the record, and also I'm sorry, please please give your name and neighborhood for the record.

Please um, just as a reminder, the register of speakers will have three minutes to address counsel, and then after that, anyone who's not registered, um, you'll be allowed one minute.

So with that, let's um move to our first registered speaker is Hirsch Marinstein.

Good afternoon, council.

Uh, my name is Hirsch Marinstein, resident of Squirrel Hill, and I have the pleasure of serving as senior director of external affairs with the Boys and Girls Clubs of Western Pennsylvania.

Thank you to City Council for the opportunity to present this testimony in support of ordinance 2025-2250.

For more than 138 years, the Boys and Girls Clubs of Western Pennsylvania has advanced our mission of supporting young people throughout the Pittsburgh region.

Today we serve more than 12,000 youth annually, including 1,700 teenagers, through programs at 11 clubhouses and seven school-based locations.

Within the school city of Pittsburgh, we operate clubhouses in downtown Pittsburgh, Shadyside, and Lawrenceville, and also serve many city residents at other locations throughout the region.

As an organization dedicated to preparing children and teenagers for success in life, we recognize the serious risks posed by addictive tobacco and vape products.

We share City Council's commitment to promoting a healthier community for everyone who lives, works, and learns in Pittsburgh, and we commend Councilman Wilson and the rest of council for their leadership on this important issue.

Through our evidence-based programs we provide within our clubhouses and during the school day, young people gain skills and support needed to avoid risky behaviors, including vaping and tobacco use.

Participants in our teen outreach program learn healthier coping mechanisms, build stronger decision-making skills, and are more likely to graduate on time with a plan for their future.

Our organization believes that reducing access to vape-related products is an important step towards improving the quality of life for young people and reducing health disparities that negatively impact the community.

As an operator of a thriving downtown teen center in the heart of our central business district that serves more than 50 actively enrolled teenagers, we are deeply invested in the continued vitality of downtown.

This ordinance supports a more vibrant and family-friendly community by encouraging productive retail uses and limiting harmful distractions that many young people encounter while attending school or traveling through downtown Pittsburgh.

Thank you for your time and consideration of this important legislation.

Boys and girls clubs of Western Pennsylvania proudly supports this ordinance, and thanks Councilman Wilson and the rest of the council for their leadership.

Thank you.

Thank you, Hirsch.

Our next speaker is Dale Vaughan.

Okay, we'll move on to the move on to our next speaker is Chris.

Christopher F.

Diodario.

Next registered speaker, I have my list is Ahmed Ali.

Next register speaker is Vaughn Madden.

Next register speaker is Gina Means.

Hello, I'm here today in favor of the ordinance.

My name's Gina Means.

My husband and I have owned a business in downtown for over 25 years.

Um I'm here today just to speak out on the proliferation of the over or around 20 vape convenience shops that have recently flooded our neighborhood.

Um these unregulated businesses that pedal illegal substances that are untested, sell alcohol, provide illegal gambling, promoting all the issues that turn people away from our city.

I know firsthand many of our customers have voiced their fears of coming downtown.

The street crime, loitering, public urination, fighting that's now the new normal should be unacceptable.

The selling of single containers of alcohol and loophole hallucinogenics is catering to a also homeless population that exacerbates an already existing problem.

These nuisance shops cater to underage population, are an easy access from any area of the city through public transportation.

We have four high schools in the area whose students are being predicated upon by opening early in the morning when they arrive.

One store in particular on our street is open 24 hours a day.

Where is the oversight by those in charge?

What positives do these storefronts possibly add to our city's plans for improvement?

Bar and restaurants owners have to go through a myriad of steps to open and serve the public.

They're heavily regulated, not just charged a $25 permit.

They have restrictive hours, limits on the number of licenses given per neighborhood.

They're cracked down upon for underage consumption and periodically inspected by the health department.

They're certainly not permitted to allow patrons to leave the premises with one single alcoholic drink.

I'm acutely aware of the need to fill vacant storefronts, but the negatives these businesses bring it far outweigh any positives.

Maybe our lawmakers could learn from other cities and municipalities that are instituting stricter limits and regulations against these detrimental businesses that are benefiting few but considerably harming many.

It's become increasingly difficult to operate a business in our city, and I can understand why there are now so few in existence.

The problem of vacant storefronts with broken windows that have allowed to sit empty and derelict for years needs to be addressed.

Perhaps a vacancy tax on these landlords, an overhaul in the permit office to push for more timely licenses for legitimate newer businesses, eager and willing to move in may be part of the solution we desperately need.

Thank you so much for your time.

And one other additional note my sister is a pulmonary doctor at Allegheny General, and she speaks out to high schoolers on the horrible damage that these vape shops are causing to our youth.

Thank you.

Thank you.

Our next speaker is Fred Seaman.

Thank you, Mr.

Wilson and Councilwoman Stralsberger.

I'm a downtown resident, and I've been involved directly or indirectly with policing for the last 35 years.

I served as a U.S.

attorney here.

I was uh solicitor to the Citizen Police Review Board for 10 years.

I wrote the rules and regulations.

I chaired the search committee for a prior chief for 10 years.

I've chaired a criminal justice reform effort with uh Chancellor Nordenberg that's involved uh the police and for the last three years I've been a consultant on downtown public safety, working closely with the police business community city and the county.

And if I didn't mention it, I lived in downtown Pittsburgh for 15 years.

I'm here to speak in favor of the legislation and to give perhaps a little insight into the problems with vape shops from law enforcement perspective.

Um vape shops were bad enough, but in about 2018 they exploded because of the uh federal farm bill.

It legalized hemp, but it defined hemp in terms of its chemical compound, which was Delta 9, and it goes on to tetrahydrocorney.

But Delta 9 became the buzzword, and because it defined hemp in terms of Delta 9, it meant that Delta 8, which is another chemical compound within uh marijuana was technically legal.

Delta 8 occurs in very small quantities in marijuana, but labs quickly found a way that they could buy large quantities of hemp, bake it down with uh questionable chemicals, increase the content, and sell it legally as Delta 8.

They also created a whole range of additional products, all which sat within the gray area of uh the new uh farm bill.

And the farm bill had good intentions, it was simply to create another cash crop for farmers, but it's the definition of hemp that created the problems.

After 2008, the number of vape shops increased 20% a year, which is roughly uh doubling every four years, and their sales increased by nearly 50%.

The reason because they were selling a whole host of allucinogenics and mood alterating drugs that were legal under the act.

Uh with those explosion of new products, uh the vape shops uh exploded, and I'm uh a little bit disappointed to hear that the uh they can't be within a thousand feet of each other.

I understand, but I'd suggest that the proliferation in the concentration of vape shops is a problem in and of itself.

I mean, I'm running out of time of the indulgence for maybe an extra minute or two.

We have to give there one or three minutes.

Okay.

Well, I'll simply say that uh uh in support of the legislation and it'll close the loophole um that was created by federal law.

Thank you.

Thank you.

Our next word for speaker is Maria Cohen.

Can you hear me?

Yeah, we can hear you.

Thank you.

Thank you.

Good afternoon, members of City Council.

My name is Maria Cohen, and I'm speaking on behalf of the Squirrel Hill Urban Coalition in support of Bill 2025-2250, which would establish zoning standards and location requirements for retail businesses whose primary purpose is the sale of tobacco inhalant and can't void products.

The Squirrel Hill Urban Coalition is a community-based nonprofit organization dedicated to enhancing the quality of life in Squirrel Hill and promoting vibrant, healthy, and economically diverse business districts.

We believe this legislation represents a thoughtful and balanced response to the rapid proliferation of vape and smoke shops in neighborhoods across Pittsburgh.

The issue before council is not whether these businesses may legally operate, rather, it is whether the city should use reasonable zoning tools to prevent the overconcentration of these establishments and limit their proximity to places frequented by children and families.

We believe the answer is yes.

The concerns addressed by this legislation are not theoretical.

In Squirrel Hill, we have seen an increase in vape and smoke shops in recent years, including along Lower Murray Avenue, one of our neighborhood's primary commercial corridors.

This area is heavily traveled by residents, families, shoppers, and students.

A particular concern is the presence of vape-related businesses near a bus stop used daily by approximately 150 students from Taylor Alderdice High School.

Every school day, large numbers of teenagers gather in this area before and after school.

We support the bill proposed safeguards, including the requirement that new tobacco inhalant and cannibaled retailers not locate within a thousand feet of elementary or secondary schools, and the establishment of clear operational standards for these businesses.

These measures do not prohibit existing businesses from operating, nor do they ban new businesses outright.

Instead, they establish reasonable guardrails that balance business interests with the city's responsibility to protect public health and neighborhood quality of life.

We also appreciate that the legislation addresses emerging products that often fall outside traditional tobacco regulations, including certain inhalant devices, and have derived cannabis products that are frequently marked in ways that appeal to younger consumers.

As these products continue to evolve, it is important that the city's zoning codes keep pace and provide a clear framework for whether or for where such businesses may operate.

We commend the bills sponsors for bringing forward this important legislation and for recognizing the connection between land use, public health, and neighborhood quality of life.

For these reasons, the Squirrel Hill Urban Coalition respectfully urges Pittsburgh City Council to approve Bill 2025 2250.

Thank you for your time, your service to the residents of Pittsburgh and your consideration of our testimony.

Thank you.

Our next registered speaker is Yvonne Brown.

I didn't have anything planned, but when I found out that you were talking about these stores that they have with the vape, I agree with you.

There needs to be more regulations.

And then I want you I want to understand why does it seem like it's so many stores that are from foreigners, they're not from Pittsburgh or from the United States, and really look at them stores.

We're having problems up on Heron Avenue with one of the foreigners or two of them has a young black boy.

So he might be 14.

And they actually this this video, and they're supposed to be going up there this afternoon on Heron Avenue to the store.

So I want you to know, because you should.

The reason why we come down is to let you know because you can't know everything.

I know you can't, but this afternoon at 6, they're supposed to be up there at the store.

Two, this wasn't just vape stores, and they show these two men beating, I mean, jumping on the boy.

He's trying to get out the store.

So I'm telling you, you should look into it, please, and maybe we can stop some of this.

Also, would you ask council people?

Why won't you get in touch with the school?

Um, Mark Brentley, take the father to school.

I was saying that those men need to ride the buses with the problem we have.

These are fathers of the children.

And when I told them about the problem, he said, one said, I'm going to Perry High School.

I'll make it over the PA.

Do you understand?

We have to bring our families, the fathers, not just the police.

Please, because the fathers can talk to them children, not gents, please.

I see that just may some of our kids may get killed because you put these regulations.

Please talk to the fathers.

Call Mark Brentley.

Have him to ride the buses.

Have him to go to si to market square.

Please have some of the fathers try to help us.

You just can't do the loan.

But if the fathers talk to the children, actually be down there.

I said, even the females, we can take out if we can have a list.

I'll be down there at Market Square trying to talk to the children.

I don't want many to get killed, and they may.

So please help us.

Thank you.

Thank you.

Having exhausted our list of registered speakers, we will now take calls from unregistered speakers in the audience.

Uh please provide uh your name and neighborhood for the record.

Uh you will have so we'll just um go one by one.

Uh whoever goes to the podium first.

And seeing that we don't have that many uh ones that are not registered, we'll allow for three minutes.

Oh, well, thank you, sir.

And so um, for our next register speaker, could uh please begin by stating your name.

Thanks.

Hello.

Council of neglected neighborhoods.

My name is Unique Brown.

I'm here today because an underage boy walked into a store wearing a mask.

There were no signs on the door saying that masks are not allowed.

He was allowed to walk through the store before the employees suddenly start yelling at him to remove his mask.

There was altercation, back and forth.

There's no sound on the video, so you just have to watch the body language.

And you can see from the body language that the worker pushed the boy first, and then the boy punched him.

And I want to be very be very clear.

I watched the video several times.

Two grown men putting their hands on an underage boy should outrage every single adult in this city.

Kids already don't listen.

That don't mean they need to be beat.

This is not a third world country.

But what makes this even heavier is that this is not the first incident in our communities.

A woman was attacked by the same type of people on Brighton Road at the gas station.

A woman was attacked at the Milanos.

This stuff is okay when it happens in our communities.

At what point does repeat incidents stop becoming incidents and start becoming serious community crisis?

People are frustrated because it feels like some businesses come into our neighborhoods to profit from us, but do not respect us.

They take money out of our communities every single day.

Yet many residents feel watched, disrespected, top down to, or treated like criminals in their own neighborhoods.

How is it so easy for outsiders to come into our neighborhoods and open business after business?

Yet people born and raised here cannot even open one.

Or when they do, they get closed out within a month.

But these people are spraying like roaches.

And it's going to our kids.

They don't care how our kids is.

They're giving them vapes, they're giving them this.

They can actually pull a jar of marijuana and put it in front of a cop and weigh it out and put it in the baggie and hand it to whoever's there.

And the cop, if the cop is in a store, he can't stop them because it's legal.

I guess that's what he said when it happened, but this is crazy that these are the type of stores we have now.

That they can just reach up and get a big jar of marijuana and sell it to whoever has five or ten dollars.

It's ridiculous.

Thank you.

Our next speaker, please uh don't don't uh don't all jump at once at the podium.

Understood.

Um good afternoon.

Uh my name's Harris Jones, and I'm a resident of the cultural district in downtown Pittsburgh.

Um I'm also the co-founder of a group of uh coalition of 13 other business owners, and we all residential building owners, and we all strongly believe in the renaissance of downtown Pittsburgh, and um and the um advent of more residential living in the cultural district.

Uh the concentration of vape shops is the single largest impediment to renting space in downtown Pittsburgh.

Um we live across the street from Steel City Tobacco.

Um, and when I testified in front of the planning commission uh a month and a half ago, there were five of these stores within 150 feet of my residence, and there are now seven.

That's unacceptable by any definition.

Um, the most distressing thing is all of the unacceptable behaviors that um are generated by these stores.

Um, others have already indicated what they are in terms of the bad behavior, public urination, you name it, um, drug abuse, drinking, street crime, loitering, fighting, um, encampments, etc.

Um, but the most distressing of all is from our windows we watch each day the buses PRT delivering the school children, um, and a hundred of them walk into these stores every morning, uh, before school, and there's nothing in these stores that any school-aged children should be consuming.

So I strongly encourage you uh to pass this ordinance as quickly as possible.

I strongly encourage you to add the library buffer.

I think it's an important amendment to the bill as it's written, and I strongly encourage you to reintroduce the thousand-foot from one another element of the ordinance.

Thank you very much for your time.

Thank you.

Any other speakers are uh good afternoon, council.

My name is Jesse Golden.

Um I had something prepared, but I'm kind of just gonna speak from the heart on this one.

Uh so uh the big problem I've noticed in the area was uh Kratom.

So um I'm a Marine Corps veteran.

Uh when I came back home, I originally used and sought through uh natural herbal remedies uh to help with my you know anxiety, joint pain, um, you know, PTSD, the whole nine yards.

So originally what started as a simple natural remedy turned into um something that I couldn't control.

Uh I've noticed now that they're this Kratom stuff that they sell, they've created an extract version.

Um I currently ended up getting completely addicted to it, it ruined my relationships, uh, you know, my family dynamic.

Um after I had started taking it, which I was given for free from a smoke shop uh to try out, it was I've come to find out I believe it's like 30 sometimes stronger than morphine, and we're selling this stuff at the gas stations and smoke shops, and it's absolutely insane.

Uh the effects work in the same way in your receptors as heroin does.

Um, it's just as potent, and yet we're selling this stuff and they're marketing it with this pretty colorful packaging and the the flavors in in no way, shape, or form is it uh expressed on how highly addictive this stuff is and how what it does to your body, your your mental state.

Um within days of taking this stuff, I was having absolute withdrawals, cold sweats, vomiting, throwing up, uh sleeping at the toilet, and I had no idea any of this would happen.

It all started from simple innocence of, you know, I don't want to be on any pain medication.

I'm gonna start taking something that's natural, see if it works.

Uh, and it turned into something that I couldn't control.

I had to go to a 30-day inpatient treatment, um, ruined tons of my relationships.

I take full responsibility for the actions of my decisions and not blaming anybody for my choice to take something, right?

But the accessibility and the how how easily this is uh accessible to anybody in the community and how terrible and detrimental I can't express enough how bad this stuff is, and I think it needs to be taken seriously, needs to look be looked into, and um, that's all I really have for y'all.

I appreciate it.

Thank you for your time.

Thank you.

Uh, and then uh I failed to mention a couple of speakers uh ago.

We were joined by Councilman Mosley.

And are there any other speakers that aren't registered that would like to speak in the audience?

Any other speakers?

Alright, without um, I don't have any further speakers.

We will move on to comments from uh members of council and uh we'll start in person, I'll go to um individual uh council members online.

So uh Councilmember Strasberger.

Thank you, Councilman, and thank you for your leadership in introducing this bill as a prime sponsor.

I'm I'm happy to be a co-sponsor along with you on this bill.

And um I have a couple of very specific questions for our um zoning and planning staff, or zoning staff, um, and leadership.

Um I did want to say though that you know, while I wish we had the power to actually regulate what is sold in these shops, we don't.

We don't have that power.

Um that's not something that that's not a power that the city has to regulate business and business transactions, but um, but so that's something that would have to most likely come at the state level.

Perhaps at the county level, it's if it's initiated as a public health um uh legislation by the the county health department, and something that county council could take up, but um so but what we do have the power to do is is is use our power of zoning and land use and and determine where um these um shops can are appropriate to to be in and are you know areas that where they're inappropriate to exist.

Um so with that, I guess one question is um relative to the thousand foot buffer that was in the original version of the bill that was taken out it was the thousand foot buffer from one um vape shop to another vape shop that would have essentially you said deemed it you know um like along with the other buffers um impossible to virtually impossible to operate or you know site it out of existence is that is that why it was taken out yeah um there were um I forget what the there were three other daycares daycares parks parks yeah religious institutions so those three the daycares the parks and the religious institutions um my understanding is looking if you were to overlay all those circles together basically there is no space left where a vape shop could open uh which would expose us to the ability to somebody to challenge this ordinance and um then the courts would uh potentially open up the door even wider um so that would I think that was the issue with those uses the um and the the distance from other stores of the same type I think it was um uh also an issue with that but also the fact that we don't have um uh good data for those that exist and so if we were to be including a buffer from other tobacco shops any any shop that currently exists that would today fall under this definition is allowed to continue but they are um their occupancy permits would be for retail sales and service and that it would just be something that we don't have the capacity to do to determine is that a retail for tobacco or is that a retail for books is that a retail for food um to to identify all of those locations in order to enforce a buffer from from others yeah and so I understand that we don't have the resources to identify every single vape shop or you know the what what all what I will refer to as a vape shop um colloquially here um in the city would it also be would it also involve too many resources to be able to say when someone is seeking the permit or is seeking to you know open open a new one to then ground truth it and say okay we're gonna take a walk we're gonna go down to the site and see if it's a thousand feet from an existing one like is that one way possible way around that or would it be too still too much too much of a burden on the resources in our department to be able to do that rather than mapping every single one that exists in the city.

Yeah and I at least my my plan reviewers um would not have the capacity to actually go out and visit each site um to to verify that that one thousand foot buffer so I'm I'm not sure that we would have anybody else that would be able to take on that that task um okay and the other issue with it too is that then it sort of involves like even if we could walk out and say oh this looks like a vape shop then it's also trying to figure out whether it's you know if they only if they have vape shop signs all over the windows but yet they don't you know that's only a very small part of what they do is it really a vape shop and so then we're also having to get into the determination a use determination for a different business for the one that we're trying to review and see whether it's a thousand feet of okay it's not just it's it's it would involve having to inspect and you know it's it's easier when somebody comes to us and says in the future okay this is the this is the use I want and so we document you know we review what they sell and that sort of thing and determine whether it's the principal use but when we're trying to do that for a business that's not applying for a permit um that is is much more is much more harder to do and much more problematic.

Okay.

And then my second question is someone brought this up I think at a previous meeting but if um the plan to the future ready plan for PPS results in school closures and then there's no longer an active school there.

I guess that would only impact those businesses that are seeking to open next to those particular schools that have closed down that are no longer school schools because they're not filled with students.

Is there any update to the I guess I'm guessing there wouldn't need to be an update to legislation, but maybe public facing maps is that the only change that would occur okay.

Okay.

Um yeah I I wish there were a way to to I'm sure that you know there was a lot of discussion I was not present for it at the planning commission.

I'm sure that many many smart people have thought about this.

I wish there were a way to restrict the concentration that's really seems to be the issue in certain neighborhoods including some that I represent um we hear from Squirrel Hill but and certainly downtown but um I'd like to keep thinking about it and and uh discussing with my colleagues that's I think a really important piece and um ultimately you know we we need the help of the state legislature and potentially the county to to truly regulate the harmful substances that are being sold in many of these shops.

So thank you for your work on this appreciate it.

Thank you.

And I'm gonna go in order that I um said the names uh councilman Salonetro do you have any comments?

The only thing can you hear me?

Yes.

Okay.

The only thing that I wanted to say is that I know several families that are dealing with addictions to some of these products and it said you know wondering if they should not also be banned from being around our rehab facilities.

But that was all I was thinking.

That was it.

Just to you just I know a lot of families that are dealing with this um as an addiction um not the vape but you know the other part like say selling you know the 70H, you know all the um liquid shots of whatever's in that you know um it's a drug for sure.

Um but definitely that's what I wanted to point out that that should be maybe a bumper between the the rehab facilities as well.

Okay.

Well thanks for your comments certainly something to discuss.

Um so uh any more comments uh we're gonna move to uh councilman uh Gari Mosley.

Thank you Councilman um yeah I have my I just want to thank you know everyone who has weighed in on this over a series of months as well as uh you know thank you Councilman Wilson for taking the lead on this and you know I think any questions or anything like that is already um been answered but this has you know been really helpful.

Thank you.

Look forward to working with you.

So with that I did have some comments if there weren't any other comments from members.

I want to make sure that um I thank everyone that came today everyone that registered to speak everyone who wasn't registered as well appreciate um all the uh you know all especially you know I think uh you know individuals that are in in favor of this legislation were we're definitely aligned and it's good to hear you know especially some of the stories of people impacted by these vape shops and uh I did have some comments I want to recognize uh for the record which is this bill reflects significant public health concerns particularly the exposure these shops have on our youth and vape shop products contain harmful addictive substances that pose serious risk to young people and others as we as we uh recently heard today um you know uh this bill addresses the current lack of zoning framework for vape shops and I appreciate all the the work that we've um you know we've collaborated on and I appreciate the uh you know you recognize in your I'm speaking to the city plan right now um I appreciate that you know you recognize in your comments that the the the bill that was approved that some can has some conditions uh one was um you know amend my substitution and then there were further uh conversation around like libraries I'm sureciate you recognizing that so we continue to work with with city planning to um you know discuss this matter and also council members uh definitely recognize uh you know comments about uh thousand feet from each other from the public as well we'll continue to to look at that and ultimately want to bill the strongest bill I feel like I say this all the time when we're working on zoning bills build the strongest bill that will be able to uh you know uphold itself with uh in the courts uh I think that's the most important thing that uh we continue to see as a as a second class city in the city of Pittsburgh that we uh have to be as strong as we can in the courts and uh not get it hung up for years and years uh people want action now and uh as we can clearly hear uh from from people that showed up today and all the stakeholders from downtown that uh my office and other offices have been working with um you know they all want one action now so uh so these are not clear as we said these are not clearly defined in the zoning code and it limits the city's ability to regulate their location and has contributed to a clustering of vape shops in certain areas and um you know I just want to bring it uh hopefully I'll be able to bring it home um in my in my comments by saying that in response to all these collaborative efforts this legislation establishes a clear zoning framework an approval process and a consistent review standard to address these uh those concerns and you know ultimately the bill is about protecting our youth and strengthening our neighborhoods and in closing I just want to really thank um the co-sponsors uh Strasburger Lavelle Charlotte and uh also former council member um cal Smith and um with that are there any further comments from members if not thank you everyone for showing up today uh hopefully we we'll be in touch in the future about this and uh they're this bill uh will be appearing in in a recent um uh recent standing committee meeting and we'll make that public when when when it will be on the agenda thank you very much this public hearing is adjourned.

I think