Vape shop business license suspended 10 days by supervisors

Considering differences between civil action and criminal action, the Carson Board of Supervisors on Thursday voted 4-1 to suspend, for 10 days, the business license of M.Y. Macias Gomez II LLC doing business as My Vape & Smoke Shop at 1800 E. William St., suite 16.

After the hearing, business co-owner Yahaira Wagner acknowledged the shop would comply with the order and reopen after the suspension.

During the hearing, Wagner, sitting with co-owner Marina Macias Gomez, apologized and took responsibility for actions that led to the hearing, saying “It’s not who we are as business owners.”

“I am a firm believer in God, and I do believe that we do deserve second chances,” said Wagner.

Mayor Lori Bagwell said the suspension was a second chance.

“This is your second chance,” the mayor said. “That’s how I look at this action today is that you know we’re serious, and we’re not taking your license for a permanency to put you out of business.”

According to a staff report from Community Development and information from Carson City Sheriff’s Office, the shop and others in the community were warned by CCSO in July, as part of educational outreach, not to sell meth pipes. Sheriff Ken Furlong clarified Thursday that selling THCA vape was not part of the educational outreach in July.

On Oct. 23, according to city officials, an employee at My Vape & Smoke Shop was arrested after allegedly advising a plain-clothes detective they had to pay cash for a meth pipe. They also reportedly sold to law enforcement a vape containing THCA without a cannabis license, though enforcement was not taken on the latter action.

Supervisor Maurice White voted against the suspension, raising questions about what qualified as drug paraphernalia. He mentioned “hot knifing,” where butter knives are used over stovetops to smoke illegal substances, and he wondered if residents, then, had drug paraphernalia in their kitchen drawers.

He also questioned if there was residue in the meth pipe CCSO identified.

“There doesn’t need to be, per the NRS,” said CCSO Sgt. Samantha Torres, then answering there was no residue when further pressed by White.

“Indeed, as referenced earlier, NRS 453.556 does provide 12 criteria to identity which drug paraphernalia. After hearing what everybody had to say today, of those 12 criteria, I can’t make a single finding. None of them. I can’t support the motion.”

Wagner said after learning of meth pipe education in July — she said she discovered it in the news, generally — she put the paraphernalia in the business office, where the employee allegedly later took the pipe. She said her plan was to return them to her wholesaler.

“One thing I will say is the reason I can support the motion is you removed the items from your front of your store shelf, which means you knew there was an issue with that product,” Bagwell said. “You put it into your back room, so you acknowledge, to me, right there, that these should not be sold. Why your staff did not listen or felt that they could do something against your wishes, I can’t get into any of that because all I can do is look at actions and results.”

Wagner maintained educational outreach was offered for clerks and not business owners.

Supervisor Stacey Giomi stressed business owners are responsible for what they can and can’t sell, “especially when you’re in a business where what you offer can harm people.”

“I don’t believe, based on what I have heard, that you had any intent to do that, but there is a management issue here where you’re still employing an individual who allegedly committed a felony.”

Supervisor Lisa Schuette agreed with Giomi and said, “the fact that uniformed officers went into smoke shops and vape shops with the purpose of educating, right there, there’s a message that this needs to be taken seriously.”

Supervising Deputy District Attorney Todd Reese said the burden of proof is higher in a criminal case, and civil actions and criminal actions can take different tracks.

“As it impacts the administrative side, a criminal conviction can be taken as evidence on the administrative side,” he said. “But the administrative side doesn’t necessarily require a criminal action or even a criminal conviction. On the administrative side, it’s a civil hearing… Absent a different standard of proof, the standard of proof is a preponderance of the evidence. That’s been described as determining something is more likely than not, in other words, you know, 51 percent or more.”

Giving the example of O.J. Simpson being acquitted at a criminal trial but having a civil judgement for wrongful death, Reese said the standard for criminal proceedings is “beyond a reasonable doubt.”

White was concerned supervisors “were being asked to opine on what eventually is going to be a criminal court action.”

In other action:

Supervisors unanimously approved keeping the city’s property tax rate at $3.57 per $100 of assessed valuation in preparing the budget for fiscal year 2026, which starts July 1.

Supporting materials for the meeting show a projected 5 percent increase in property tax revenues for the general fund — from $34.86 million estimated for the current fiscal year to $36.61 million for FY 2026.

However, with a dip in taxable sales and consolidated tax revenue in the first few months of the current fiscal year — and some data not available due to the state implementing a new system — city officials want to budget conservatively. Increases in retirement costs, health insurance and workers comp are also factors in the approach.

According to Chief Financial Officer Sheri Russell-Benabou, state law only requires an ending fund balance in the general fund of 4 percent of expenditures, which would cover two weeks of operations. The city, however, has a policy to keep the ending fund balance between 8.3 percent and 16.6 percent, the latter enough to cover two months of operations.

“So, just in case a recession happens — maybe we stand with the negative 2 percent — we’re going to make it if we have a decent fund balance,” Russell-Benabou told supervisors.

Bagwell added, “That’s why Carson City is faring a little bit better than I’m hearing from the surrounding jurisdictions.”

• Supervisors unanimously approved two motions on acquiring .28 acre delinquent on taxes. The property is on the west bank of the Carson River near Buzzy’s Ranch and could be absorbed into the city’s Open Space program for a public purpose as allowed under state law.

The tax deed against the delinquent property was issued in June 2023. According to the Carson City Treasurer’s Office, the amount owed in property taxes, penalties and fees is $1,358.89.

The actions taken Thursday included notifying the last known heir (two previous owners are deceased, according to Treasurer Andrew Rasor), and providing 90 days for payment of the amount owed. If that amount is paid off, the city would reconvey the property to the surviving heir. If not, the property would be conveyed to the city.