Darien Considers Ban On Smoke Shops, Vape Shops And Tattoo Parlors

DARIEN, CT — Darien has never allowed smoke shops, vape shops and tattoo parlors to open up in town, and now the Planning & Zoning Commission is looking to amend zoning regulations to make the prohibition of those types of businesses official.

The commission held a public hearing on Tuesday night on the proposed zoning regulation amendments that would ban such businesses from coming to Darien. The move is similar to the prohibition the town placed on cannabis establishments in 2024.

Tuesday's meeting was broadcast live on Darien TV79, and is now available to watch on demand.

There was no action taken Tuesday by the commission, which now has 65 days to make a decision. Deliberations are expected at an upcoming meeting, with a formal vote possibly coming in late June or early July, according to Darien Director of Land Use Jeremy Ginsberg.

Commission members expressed support for the zoning regulation amendments, but George Reilly was hesitant to call for a prohibition of tattoo parlors.

"I think we probably all know people who... have tattoos. They are considered an art form and apparently it takes a real challenge to create that kind of artwork. I'm not suggesting anyone do it to their bodies. It doesn't strike me as a good idea, but it happens and there's a market out there for it," Reilly said during Tuesday's meeting. "I don't see why we shouldn't let someone apply to us for an appropriate space and under appropriate regulations to do that kind of work. I would exclude tattoo shops, parlors, salons, from the prohibition that we are discussing here today."

Reilly also said he felt the idea of banning of tattoo parlors "smacked of an elitist attitude that I don't like as a native of this town."

"We know what this town is about, how it has changed, of course, and I suppose it will always be a somewhat elite town, but I don't like us as a governmental body saying. 'No, no, we're above tattoo parlors, we can't have that sort of thing here.' I don't like that attitude," Reilly added.

According to proposed zoning regulation language, a tattoo parlor is defined as an establishment or portion thereof engaged in the practice of applying permanent ink or other pigment to the skin using needles or other instruments to create designs, words, or images for decorative or artistic purposes.

The definition does not include medical or cosmetic procedures performed by licensed medical professionals or certified cosmetic technicians, such as microblading, permanent makeup, or paramedical pigmentation.

A memo outlining the proposed zoning regulation amendments notes the Planning & Zoning Commission finds smoke shops and vape shops "create risks to, and adversely impact, public health."

Smoke shops and vape shops are defined as retail establishments where 20 percent or more of the retail area is dedicated to sale of tobacco, vape and related products, proposed language says.

Some commission members felt 20 percent was too high. Vice Chair Adam Balgach said businesses could find loopholes and try to get around that percentage.

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Only one member of the public spoke during the public hearing for the amendments.

Mark Sticca, a former captain with the Connecticut State Police and a member of the CT State Narcotics Task Force, gave a brief presentation on the dangers of vaping, especially for young people as many vape products are geared toward youth.

"I commend you on the work you're doing of keeping this place safe, but this is really about the kids when you get down to it, because it's targeted to the kids," Sticca told the commission.

Darien Director of Health Mindy Chambrelli and Darien Police Chief Jeremiah P. Marron Jr. submitted written comments in support of the prohibition of smoke shops, vape shops and tattoo parlors.

"Research has shown that early initiation of tobacco and nicotine use dramatically increases the likelihood of long-term addiction and associated health risks, including respiratory disease, cardiovascular problems, and developmental impacts on the adolescent brain," Chambreli wrote. "Tattoo parlors, by their nature, involve procedures that carry inherent health risks due to exposure to blood-borne pathogens such as hepatitis B, hepatitis C, and HIV."

Chambrelli said tattoo parlors "require rigorous oversight" to ensure public safety, and the "small, limited-capacity health department" may not be able to adequately provide that oversight. Therefore, a town-wide prohibition "is a reasonable and precautionary measure," she said.

Marron said that in nearby communities like Stamford and Norwalk, smoke shops and vape shops are selling nicotine products to minors and selling illegal THC products that are unregulated.

"It is a fact that here in the town of Darien, incidents have been investigated by our agency, including sexual assault and sale of THC products to minors, that involved products being acquired from the 'vape shops' located in our neighboring communities. These incidents have involved juveniles, injuries, arrests, and some of them continue to be investigated," Marron noted.

"As the Chief of Police, and from a public safety standpoint, I simply cannot and will not support any measure or action that potentially places our residents, or those visiting our community, in any unnecessary danger," Marron added.

He said allowing such establishments would risk a rise in any form of crime, which would not be in alignment with the town's Plan of Conservation and Development.