Board refers proposed tobacco, e-cigarette zoning to Judicial Committee after Plan Commission raises overreach concerns

The Village of Mukwonago board received an informational report on Ordinance 10-44, a proposed zoning regulation targeting tobacco and e-cigarette retailers, and directed the Judicial Committee to review the measure ahead of a full board decision. Trustee Chris Bridal reported the Plan Commission had unanimously denied the ordinance, citing worries that the wording could be overreaching and might unintentionally apply to other items.

"It was unanimously denied due to some concerns with how overreaching this could be and consequences of not just over tobacco and e cigarettes but it could also apply to other items based on references of where this code was," Trustee Chris Bridal said during the presentation. Acting President Johnson asked that the Judicial Committee place the ordinance on the Oct. 7 Committee of the Whole agenda and consider an addendum to include CBD products.

Village attorney Baer told the board a federal law change taking effect in December could substantially alter the local regulatory landscape and may remove many CBD products from current retail markets. "It's projected that it's gonna eliminate about 95% of what's actually being sold over the shelves and may have a significant impact regardless of what we do on how many of these stores are out there and capable of staying open and surviving," Attorney Baer said, and offered to prepare a report so the board could decide whether to legislate locally or wait for the federal implementation.

The board did not take final action on Ordinance 10-44 at the Sept. 16 meeting; it referred the item to the Judicial Committee for discussion and requested attorney Baer prepare detailed information on the federal law change before the Oct. 7 Committee of the Whole meeting.