Whitefish tobacco store will be allowed

A tobacco and cigarette shop that will open in mid-June near Whitefish Middle School is an approved commercial use for that zone and will be permitted, the Whitefish City Council agreed last week.

A petition signed by 348 students stating their opposition to a tobacco business so close to the school was submitted to the city a couple of weeks ago.

The shop will open in the former Mrs. Spoonover’s restaurant at the southwestern corner of Spokane Avenue and Second Street. The school is situated at the northeastern corner of the same intersection.

Kate Ehrenberg, a middle school student and one of the petition organizers, told the council during a public-comment session at the April 18 meeting that the store will affect not only students but also the reputation of the town.

“This sends a bad message,” Ehrenberg said, adding that some people already think of Whitefish schools as “full of rich kids and druggies.”

She wondered if an emergency ordinance could be put in place, establishing a temporary moratorium of smoke shops and tattoo parlors so the city could take steps to keep those kinds of businesses from operating near schools.

Whitefish City Attorney Mary VanBuskirk said emergency ordinances are geared to situations in which health, safety or welfare is endangered.

“I don’t think an emergency ordinance would help in this process because it [tobacco] is sold in other stores in the zone,” she said, noting that the proposed tobacco store “is a legal, bona fide use for the district.”

The council briefly addressed the possibility of a tobacco overlay zone around the school, but Mayor Mike Jenson said it would take away the right for other businesses, such as Markus Foods and Casey’s Bar, to sell tobacco.

City Manager Chuck Stearns added, “you’re treading on commerce.

“This one’s in,” Stearns said. “If you want future ones to be avoided,” the city would have to amend its zoning laws.

Greg Betthauser, who has owned The Cigarette Depot in Evergreen for 10 years, told the council the shop he plans to open in Whitefish will sell cigars, cigarettes, pipes, tobacco and tobacco accessories. It will not sell medical marijuana.

The adult-only store will not allow anyone under age 18 to enter the building. Betthauser said the federal Food and Drug Administration last year put in place new regulations requiring all tobacco products to be locked up or behind a counter unless they’re displayed in an adult-only store.

“We’ve never been cited for selling tobacco to minors,” Betthauser said. “These products are the same as in convenience or grocery stores. The difference is they allow children in their stores.”

Betthauser said he appreciates the concerns of the middle school students but chose the location at one of the town’s busiest intersections because of visibility and accessibility.

Mayor Jenson said he would address the students’ petition with a letter, encouraging and thanking them for their participation while acknowledging the city can’t accommodate their request to forbid the tobacco store to open.

Council member Phil Mitchell, also acknowledging the city’s hands are tied in this situation, said he’s “sad this is going in so close to the school.”

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.