Dueling testimony on future of vape shop near high school

LACONIA — Raven Vape’s close proximity to Laconia High School was at issue Friday as a New Hampshire Liquor Commission hearings officer took testimony on whether the shop should receive the tobacco license it needs to stay in business.

Hearings officer Joseph Plaia said he would issue a finding in a matter of days.

The shop at 371 Union Ave. is just steps from the school at 345 Union Ave.

Tom Slawniak, the owner of the business, said he deserves a license.

“In the time I’ve been here in Laconia, 2 years and 2 months, I did everything legally. I applied for the permits. I broke no laws,” he said. “My employees and myself are 100 percent against youth vaping and youth nicotine use.”

He said he doesn’t sell to underage people. He said he sells to adults who want to vape as a way to end a cigarette habit.

Under questioning from Plaia, Slawniak said a convenience store and gas station near the high school also sells vapes. That store, the Shop Express, 297 Union Ave., also sells cigarettes, beer, candy and other snacks. 

Smokers Haven at 245 Union Ave. sells vaping material and tobacco products. Drug stores nearby sell cigarettes.

Plaia, an attorney, said one thing he must consider is the legal concept of equal protection, under which a governing body must treat an individual in the same manner as others in similar conditions and circumstances. In other words, there are legal prohibitions against discriminating against a certain person or business.

A new law requires stores like Raven Vape, which just sells vaping products, to obtain a state license. Its closeness to the high school led to community concerns, which led to Friday’s licensing hearing.

The state law also increased from 18 to 19 the age restriction for buying tobacco products as of the first of the year. Meanwhile, the federal government has increased the age to 21 and some municipalities in New Hampshire, including Franklin, have also increased the age to 21.

City Manager Scott Myers testified that he and Police Chief Matt Canfield were contacted by a representative of Partnership for Public Health to advise them of the new law under which Raven Vape would need to apply for a license.

He said he brought the matter to the City Council.

“While it was understood this is a legal business under current law, there was unanimous concern raised over the unknown health risk of vaping, the number of New Hampshire youths who have taken up vaping and are attracted to flavor vapes in particular and the proximity of this business location to Laconia High School,” he said.

“These factors caused the Laconia City Council to weigh in on looking to deny the license for this storefront.”

Laconia school Superintendent Steve Tucker said that over the last three years vaping has become a challenge at the high school and middle school. He said the school board has not taken a position for or against the Raven Vape shop.

“The research and our experience with children show that it’s trendy,” he said. “Students like the fact that it seems to be cleaner than traditional cigarettes. They also like the variety of flavors they can get.”

He said teens think vaping can help alleviate stress and anxiety, and think vaping is not as harmful as smoking cigarettes.

Tucker said there are significant health concerns about the nicotine delivered through vaping, even if some of the harmful contaminants of tobacco smoke are not present.

A Surgeon General’s advisory says as many as one in five high school students use vaping products, exposing themselves to harmful nicotine at a time when conventional cigarette smoking is in decline.

Students weigh in

Laconia High School senior Amber Kallum said Raven Vape should move to a location away from the high school.

“Myself and many students feel that the location of the vape store is impacting the culture of the high school and it sends an unfortunate message that reinforces the problems of vaping in our school and the overall drug problem that Laconia continues to struggle with,” she said.

“I represent the students and I speak for those that cannot be here. And we all clearly don’t want a vape shop located directly next to where we engage in learning and build our futures.”

Another high school senior, Tyler Richter, spoke about the toll vaping has taken on students.

“One stat that I found upsetting is that in the school year, 2016-17, 10 people were caught with tobacco vape products,” he said. “In the school year, 2018-19, there were 64 people caught with tobacco vape paraphernalia.

“This problem has become out of hand and our administration and students need the city’s help to end this.”

He said $7,000 worth of vape detectors have been installed in the high school restrooms to alert the principal and staff if vaping is taking place.

Richter said he wants to help classmates he sees struggling with vaping addictions.

“I sit next to a kid at lunch and asked him, ‘Can you get off this stuff?’

“He said, ‘To be honest with you, it’s so bad now that I would have to wear like a nicotine patch or something.’”

Richter said he knows the vape shop owner has abided by the laws.

“But just from a student standpoint, a city standpoint, a school standpoint, it sends a wrong message to the kids and it’s a major problem and we need to fix it,” he said.

State Rep. Charlie St. Clair spoke in favor of Slawniak, the vape shop owner. He said it’s not fair to refuse him a license when there are other stores nearby selling the same products.

“This gentleman, he hasn’t broken any laws, and if the City Council, or city government, or residents for that matter are so concerned about the danger of vaping to not only minors, but also adults, then they should take action to make it citywide to not allow this type of business anymore,” he said. “That would be more fair.”

Chief Mark Armaganian, director of the Division of Enforcement and Licensing for the Liquor Commission, has said there is no state rule preventing a vape shop located within a school zone from getting a license.

When evaluating a license application, the scope is narrow and focuses on public safety and whether there have been rules violations, he said.