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After an attempt failed to set a cap on tobacco stores at two in the city, the Albert Lea City Council voted 4-2 Monday to approve setting the maximum at four, up two from the current number in operation.

The vote was part of a larger discussion about limits on the number of adult-themed businesses in the community, including off-sale liquor, sexually-oriented businesses, tobacco stores, and consumption and display permits.

With the vote, eight off-sale liquor stores could be allowed in the city, along with one sexually-oriented business, four tobacco stores and two consumption and display permits.

“These are legal products,” said 3rd Ward Councilor Jason Howland in discussion about the tobacco stores. “State law says you have to be 21 to purchase them. They aren’t accessible to youth.”

He acknowledged there are plenty of other ways that youth can get access to tobacco but said the intent of the ordinance is to establish setbacks so the market is not oversaturated. He said he thought having four tobacco stores would not be oversaturated.

“We want to be open for businesses here in Albert Lea, for businesses and growth,” Howland said. “I don’t see this as a danger to youth if two more tobacco stores happen to get licenses and open in Albert Lea.”

Discussion about the businesses came as the council in recent months has talked about the zoning and number of cannabis businesses it would allow with the legalization of marijuana by the state.

Last month, the council approved allowing two retail cannabis establishments in the city.

The council earlier this year approved a six-month moratorium on the creation of new tobacco, off-sale liquor, sexually-oriented business and cannabis licenses for up to six months as it studied how to regulate the businesses equitably. All of the businesses work with people ages 21 and over.

City Clerk Daphney Maras said the moratorium was set to expire in three days. If a new ordinance was not in place, the city would have to follow the same guidelines previously in place, and technically new businesses could come in and apply for licenses.

Sixth Ward Councilor Brian Anderson said he believed limiting the number of tobacco stores to two would be a mistake based on the free market alone and said doing so would increase the perceived value of the two existing stores. If the council ever expanded the limits up to three or four, it would be unfair to those owners.

He questioned the role of government in limiting the numbers at all but said in the interest of public health he could support tabling the portion on tobacco stores to review further.

Second Ward Councilor Larry Baker said he also wanted to work with the Public Health Department.

First Ward Councilor Rachel Christensen said a lot of the community had reached out to her about the issue — almost as many as when the council changed the city logo.

She talked about attending the meetings of the National Vitality Center and how Blue Zones is an important part of the city’s culture.

“Yeah it’s legal, but that doesn’t mean it’s good,” Christensen said. “Tobacco, vaping, these things are not healthy and they are not in the community’s best interest to vote, and certainly not on the basis of money.”

The comments came after Lana Howe, health educator and coordinator of the Statewide Health Improvement Partnership in Freeborn County through the Public Health Department, spoke during the public forum against expanding the limit for tobacco stores from two to four.

“Numerous studies have shown a direct correlation between availability of tobacco products and increased youth smoking rates,” she said. “By increasing the number of tobacco stores, we risk exposing these youth people to harmful marketing tactics and making it easier for them to get access to these very addictive products.”

She asked the council to keep in mind the impact on youth and community health, as well as the long-term impact that the decision would make.

“While short-term economic gains may be tempting, the long-term costs of increased tobacco use, including increased health care expenses and lost productivity far outweigh any potential benefits,” she said.

Howe said Public Health works with the American Lung Association and Minnesota Department of Health and the Minnesota Department of Health and said there were some concerns with the language in the ordinance. She said she would be happy to set up a time to review it with city leaders.

City Manager Ian Rigg said he had pulled definitions in the ordinance from state statute and said he wanted to emphasize that in addition to setbacks from schools and day cares, current zoning laws would require the businesses to be 500 feet from each other so the stores would not feel so concentrated in one area.

Albert Lea Mayor Rich Murray said regardless of the vote, he thought the city should work with Public Health.

The vote to set the cap at two tobacco stores failed, with Christensen, Murray and Baker voting in favor and Howland, Anderson and 4th Ward Councilor Reid Olson voted against.

The vote to cap tobacco stores at four ultimately passed with Howland, Anderson, Olson and Baker voting in favor and Christensen and Murray voting against. Councilor Robert Rasmussen was absent.

Councilors on both side of the vote talked about wanting to go and revisit the ordinance with Public Health staff.

In a separate vote, the council also voted to move part of an ordinance on social host violations and underage drinking to Chapter 22, relating to Health. Language was added to include cannabis where alcohol is noted.