Worcester board tables two tobacco-permit requests, asks staff to review 500-foot density rule

The Worcester Board of Health on July 28 voted to direct staff to prepare recommendations on the city's 500-foot tobacco density regulation and whether the ordinance should distinguish between types of tobacco outlets, and it tabled two pending exemption requests for retail smoking permits while it awaits that report.

Kyle O'Connor, Tobacco Prevention Specialist for the Division of Public Health, told the board that Nomesco at 43 Pleasant Street had applied for an exemption to operate as a smoking bar but was within 500 feet of two active tobacco retailers: Creed Lounge (41 Pleasant Street), located on the same property, and Pleasant Things (35 Pleasant Street), a convenience store on the adjacent property. "We recommend that the Board of Health do not grant this exemption," O'Connor said, citing the local 500-foot density rule and state and city permitting history.

The board's request for a regulatory review was made by Member Gary Rosen and seconded by Member Michael Perrado. The motion carried on roll call: Gary Rosen, yes; Charice Allen, no; Leo Negron Cruz, yes; Michael Perrado, yes; Francis Anthes, yes.

Why it matters: Worcester's local regulation, adopted in October 2023, bars issuance of a city tobacco-sales permit within a straight-line radius of 500 feet from an existing permit holder. Supporters of the two businesses seeking exemptions said the permits affect downtown economic activity and business viability; public-health staff and a board member stressed the ordinance aims to limit neighborhood concentration of tobacco outlets.

Applicants and supporters argued for exemptions on economic and cultural grounds. Alex Guardiola of Guardiola Strategic Group, representing the Nomesco owners, said the proposed hookah lounge would be a 21-and-over venue, create jobs and complement downtown nightlife. Owner Jhaira Polino said she has lived in Worcester for more than 35 years and that Nomesco's revenue dropped after the pandemic. "We are definitely losing our business to other hookah lounges," Polino said. Owner Julius Kula said the business has operated since 2011 and faces competitive pressure.

Mike Kane, economic development and public policy associate at the Worcester Regional Chamber of Commerce, testified in support of the exemption and said Nomesco had invested in ventilation and other improvements to operate responsibly. Nomesco representatives said they had invested more than $50,000 in ventilation and safety measures and that their venue is adult-only.

Metro Convenience, operator of the proposed 27 Shrewsbury Street outlet, presented a separate exemption request. Counsel Kyle Viera said the property has been in the family since 1939 and that the two nearby permit holders are primarily on-site consumption businesses (cigar or smoking bars), not conventional retail outlets. He said distributors have told the owners they will not extend favorable supply terms without a city tobacco permit and that tobacco currently accounts for a substantial share of convenience-store revenue.

Board members debated the effectiveness and scope of the 500-foot standard. Member Gary Rosen questioned whether 500 feet (less than one-tenth of a mile) meaningfully protects neighborhoods; others noted the downtown Pleasant Street corridor already has multiple tobacco outlets, and that Creed Lounge and Pleasant Things predate the October 2023 rule and therefore are grandfathered.

Action and next steps: The board asked staff to prepare recommendations on two issues: whether the 500-foot limit remains appropriate to protect neighborhoods and whether the city should differentiate between categories of tobacco permits (for example, retail sales versus on-site smoking bars or hookah lounges). O'Connor told the board he could be ready to present recommendations at the board's August meeting.

While the staff review is prepared, the board voted to table both exemption requests. The Board of Health tabled the Nomesco (43 Pleasant Street) request by roll call (Leo Negron Cruz, yes; Michael Perrado, yes; Francis Anthes, yes; Gary Rosen, yes). The Metro Convenience (27 Shrewsbury Street) hearing was likewise tabled after the company's presentation (roll call recorded: Gary Rosen, yes; Charice Allen, yes; Francis Anthes, yes; Michael Perrado, yes; Leo Negron Cruz, yes).

Discussion vs. decision: The board's vote was procedural: it directed staff to review the regulations and paused action on the two permit applications. No local permits were granted or denied at the meeting.

Context and clarifications: Board members and staff noted that state permitting (Massachusetts Department of Revenue) operates separately and that the department issues smoking-bar permits statewide; the city's 500-foot rule is a local overlay. Smoking-bar rules require that at least 51 percent of a smoking bar's revenue be derived from tobacco-related sales, and the state requires periodic reporting. The board also noted that the city has a cap of 15 smoking-bar allocations and currently has 13 active smoking bars.

The board asked staff to return with written recommendations and legal context by the board's August meeting; the staff acknowledged it would check state regulations for conflicts and would prepare the analysis requested.

Ending: Board Chair Francis Anthes thanked participants and staff and confirmed the items for both locations will remain on the board's calendar pending the staff report.