Mason City council on 4-2 vote approves denial of six “glass & device” permits

MASON CITY — On a 4-to-2 split vote, the City Council in Mason City last night approved the recommendations to deny Glass and Device permits for tobacco licenses at six stores across the community.

Police Chief Jeff Brinkley made the recommendation after a new law went into effect on January 1st that requires city councils to approve businesses with a tobacco license to sell glassware and devices that could be used for “tobacco, hemp, other plant materials, or a controlled substance”.  In addition to a $1500 fee for the licenses, retailers must also collect a 40% device excise tax, 6% sales tax, and any local option sales tax if they have their license approved.

Brinkley says the denial limits accessibility of the devices in the community and the community’s exposure to substance use, and believes it would make a policy statement by the City Council that the health and welfare of the community matters.  “I think we know that the availability of leads to the use of these devices for substance use. I think the data certainly backs that up. I think a blanket prevention statement by the council for the community, I think as we look at who Mason City is versus who Mason City has been, who Mason City wants to be, I think that it does fall in line with exactly what the council goals are of having a healthy and well community. If you look at things we are doing with outdoor recreation, those kinds of things, these are incongruent to me as your police chief.”

Councilman Paul Adams was one of the four who voted for Brinkley’s recommendation.  “I was one that challenged you and Aaron and staff on cracking down on some of the stuff that we’ve seen that maybe doesn’t give such a good impression of Mason City around town. I appreciate the proactivity here and what you’re trying to do. I did debate it over the weekend and today even, and I’ll support it tonight because I think it sends the right message for us for Mason City.”

Councilmen Tim Latham and John Lee voted against Brinkley’s recommendation. Lee says the businesses are following the permit process as prescribed under the new Iowa law.  “Why do we even permit anything? Basically if you went into textbooks there’s five general rules why you do permitting in a town, public safety being one of them. Revenue raising is another one. Protecting consumers and all those things, and this walks the fine line right down the middle. Then you get into the constitutional argument about it and people’s rights to be wrong. When I’m not confident of a decision, I think that’s where I fall, that ultimately people have to have the right to be wrong and make those decisions.”

Lee says despite voting no, he supports Brinkley’s efforts to protect the community.  “You know I support you and you know I support your decisions, and I think this is probably the right choice, but so I’m unconfident in it, I’m going to vote I think no to your recommendation, and hopefully I’m wrong on this, but that’s just where I’ve got to fall.” 

The six businesses applying for the licenses are:

== Prime Wine and Spirits at 1104 North Federal

== Mason Tobacco & Smoke Shop at 497 Indian Head Drive

== Monroe Liquor at 18 North Monroe

== Northside Liquor at 1303 North Federal

== The Spot at 1303 4th Southwest

== and R Smokes at 3431 4th Southwest

The applicants can appeal to the Iowa Department of Revenue.