GULF SHORES, Ala. — A vague ordinance and questionable solutions is leaving the Gulf Shores City Council empty handed for an answer to a proposed cigar bar.

The proposal of The Dunes, a cigar bar planning to open in The Pinnacle shopping center, has unveiled faulty wording in an ordinance that concerns smoking in an establishment.

Currently, the retail tobacco ordinance allows a retail tobacco store to sell other products as long as they are merely incidental to the tobacco.

The ordinance also permits smoking in a retail tobacco store.

While both of these clauses seem to explain that a retail tobacco store can sell their products, allow smoking in the establishment and serve alcohol, owners of the new cigar bar have stalemated plans and asked the council to determine what “merely incidental” means.

“Some people consider incidental 49 percent, some might consider it 40 percent and some might consider incidental 15 percent,” Councilwoman Carolyn Doughty said.

After discussions at two meetings, and a third coming next week, the council has yet to define those words.

Research of other city ordinances defining this issue shows a percentile breakdown. But choosing the magic numbers is proving to be a hassle.

“We are setting up a business to be penalized from day one,” Councilman Phillip Harris said, expressing worry of incorrectly defining the terms and setting percentages that are impossible for success.

Councilman Steve Jones explained that a number, a percentage, should not be included in the ordinance, which would be hard for the city and a business to monitor.

With the smoking ban in full force in Gulf Shores, some council members expressed worry of an unfair advantage to The Dunes.

“If we start making provisions for allowances there is not a reasonable way to monitor that without creating unfair competition,” Harris said.

“We don’t need to compare this to an existing businesses, because this is an entirely different business,” Jones said.

Councilman Jason Dyken agreed, “This a new business category that we have not had in the city. I am pro-business and what I think we need to do is define the parameters that this business can exist in,” he said.

With the economy down and business slow, leasing agent for The Pinnacle Chris Tilley said The Dunes would attract specific customers to the center.

The Dunes’ owner Randy Haltiwanger said in an interview he has already invested thousands of dollars to start the project and has signed an eight year lease with The Pinnacle.

When asked what he will do if the council can not make a satisfying determination for him he answered, “I don’t know.”

“We were told, by city officials, this would go on like Orange Beach,” Tilley said.

Neighboring Orange Beach, who enforces the same smoking ban as Gulf Shores, approved a cigar bar currently operating at The Wharf.

According to city clerk Cathy Constantino, the cigar bar does not regulate percentages.

A third discussion will transpire at Monday’s work session.