Commission denies special-use permit for smoke shop near Harlingen High School, directs zoning review

The Harlingen City Commission voted to deny a special-use permit request for a smoke/adult shop at 803 Dixieland Road after law-enforcement and school representatives said the location is too close to Harlingen High School and raised concerns about access by minors.

Police officials described juvenile break-ins at existing vape shops and appealed for restrictions on locations and hours. During discussion the police chief noted enforcement challenges regarding THC/CBD products and packaging that can resemble items appealing to minors; he recommended limits on hours and greater scrutiny of product marketing.

A teacher who works at Harlingen South described on-the-ground incidents of students possessing vapes and said placing another shop near a school "is going to increase the likelihood of high school kids ... having access to these type[s] of paraphernalia." Commissioners echoed the concern and several said the city should use zoning power to limit proximity to schools, day cares and places of worship and to consider stacking distance requirements (for example a school buffer plus a buffer from other similar businesses) similar to prior car-wash spacing rules.

Mayor Norma Sepulveda and other commissioners directed planning and zoning staff to draft an ordinance amendment that would restrict distances from schools and other sensitive uses, set operating-hour limits and establish other allowable conditions for special-use permits involving these products. Commissioners asked for input from Harlingen Police Department and the Planning Department and requested analysis of existing permits and renewal dates so the city can assess enforcement and renewal timing.

The motion to deny the SUP passed in the meeting. Commissioners instructed staff to return with a draft ordinance and recommended standards before additional permits are considered.