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Seattle City Council to decide on emergency ban on ‘negative use restrictions’ for grocery stores and pharmacies — APPROVED

Plywood at 1001 Broadway after the sudden closure of Whole Foods earlier this year (Image: CHS)

The Seattle City Council will vote Tuesday afternoon on the mayor’s plan to prohibit “negative use restrictions” as Seattle faces ongoing big chain grocery and pharmacy shutdowns.

UPDATE 3:22 PM: The council has unanimously approved the legislation saying in a statement that the ban comes “in direct response to several store closures including Whole Foods Market on Capitol Hill and Fred Meyer in Lake City, recognizing that neighborhood grocery stores and pharmacies provide essential goods and services for community members throughout Seattle.”

In addition to the ban on the lease restrictions, the legislation also declares a public health emergency due to the recent number of store closures, the council said Tuesday.

Original report: The emergency legislation is skipping the council’s regular committee process as officials look to get in front of more closures.

CHS reported here on the proposal from Mayor Bruce Harrell that would “prohibit the use of restrictive or negative covenants preventing a property from being used as a grocery store or pharmacy” his administration says could be a growing problem as stores close.

The proposal comes amid an ongoing wave of closures including several major retail spaces around Capitol Hill.

On Capitol Hill where the 40,000-square-foot former Broadway Whole Foods has sat empty since its suden June closure, the building’s new owners say the Amazon-backed company holds a lease on the shuttered property through 2038. Meanwhile, the boarded 8,000-square-foot E Pike grocery formerly home to Amazon Fresh has remained empty since its equally abrupt April 2024 closure after four years of business on the block.

Broadway is also home to two large former chain drugstores that remain empty. The 15,000-square-foot Bartell Drugs above Broadway and Pike in the Harvard Market shopping center has been empty since late 2023. The 5,000-square-foot Broadway at E Olive Way Rite Aid in the one-time Broadway Theatre building has also been shuttered since the start of last year.

It is not clear what impact the legislation would have on those properties but, according to a city council analysis, the ban would not be enforced on agreements made before the ordinance goes into effect.

The council analysis also says the ban would not be invoked “when a grocery store or pharmacy owner or operator relocates to a location within one half-mile of the discontinued site, the new site opens within one year of the closure, and the negative use restriction does not exceed three years.”

The emergency legislation would establish a civil penalty of $1,500 per day for any violation.

A process to establish permanent legislation would follow.

The proposed legislation comes at a complicated time as the city council is focused on 2026 budget negotiations and both Council president Sara Nelson and Harrell are facing heated reelection battles.

Harrell’s competitor Katie Wilson has already won an important labor endorsement with the support of grocery workers union UFCW 3000 and has supported the idea of publicly backed grocery stores in Seattle.

While Harrell hasn’t addressed the idea, Harrell ally D3’s Joy Hollingsworth said she was not interested in city-run stores as her office pursues strategies to keep grocery stores open including tax breaks and incentive programs. In Seattle, the grocery chains are already exempt from the city’s JumpStart payroll tax on its largest employers.

With the planned closure of the Fred Meyer grocery store in Lake City this month, Harrell issued an executive order last week directing City Hall to “identify locations that are currently or may be at risk of becoming food deserts due to grocery store, convenience store, and pharmacy closures” and sort out “a potential City role in helping to acquire properties in strategic locations that may support a grocery store or pharmacy” in conjunction with private partnerships.

The order also directs the city to pursue “legislation to change land use, zoning, and permitting regulations to help incentivize more grocery stores and pharmacies in needed locations.”

 

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Alocal
3 days ago

Perhaps they should identity who would want to open a grocery or pharmacy in the location of a failed one in the first place ?! I still don’t understand why Kroger hasn’t exited one of its two locations in cap hill.

kat
3 days ago
Reply to  Alocal

the whole foods + the amazon fresh in capitol hill were EXTREMELY popular and closed suddenly and without warning about a year apart– I find it hard to believe that 1) they had “failed” and 2) a grocery store wouldn’t find success in those locations, considering how the previous ones had been doing. Worth pointing out as well that the Rite Aid closed bc of the larger company bankruptcy due to lawsuits, not bc the specific store had failed.

bcfls
3 days ago
Reply to  Alocal

corporate wants grocery deserts in progressive strongholds, aligns justifications with reactionary narratives favored by fascists currently gathering power

Alocal
2 days ago
Reply to  bcfls

I recommend standing outside one of the QFCs on cap hill and watch society self destruct from drug abuse, then ask yourself what type of business you would open and fund in these locations…

Public civilian
2 days ago
Reply to  Alocal

Theft, drugs, personal safety , property crime, and ignorance by city government and changes in laws that protect thieves. This is why stores are closing. Simple and not that hard to figure out unless your wealthy or super liberal and do not mind watching Seattle waste away like the drug addicts on the streets. Simply sad!!!!

d4l3d
2 days ago
Reply to  Alocal

How about one that could avoid all this by actually being a participating member of the community? There was so much positive that Kroger could have done to forestall the blight it helped create at those locations. I’ve seen transformations by responsible corps.

Com'n Sense
2 days ago
Reply to  d4l3d

There’s only so much a business can do when a progressive city government legalizes drugs, fails to effectively address the homeless/drug addiction crisis, is soft on crime and defunds and demonizes police. Those practices have real world consequences.

Smoothtooperate
1 day ago
Reply to  Com'n Sense

Seriously? Crime in red states are worse. Bottom ten are red.
We pay for other red states lifestyles. They ‘supposedly’ do all the stuff you are complaining about right? Riiiight? Why is it not working then?

OUR crime rate is falling rapidly. Very rapidly. So where’s your facts?

SFK
2 days ago
Reply to  Alocal

Totally agree

KT425
1 day ago
Reply to  Alocal

Well a real capitalist would say, drug dealing.

Kirk Jacobs
2 days ago
Reply to  bcfls

What corporate doesn’t want is to have locations where theft and the drug abuse that causes it is RAMPANT and turned a blind eye from by a mayor who lets repeat offenders run free

Tony
2 days ago
Reply to  bcfls

High crime, homeless camps, drug addicts on street corners leading to higher retail theft and threats against staff. This combined with liberal enclaves refusing to prosecute criminals because it doesn’t fit their narrative of a socialist/communist utopia or to contradict Bad Orange Man Trump by saying “See! We don’t have crime. What crime!” have led to retail giants fleeing inner cities for the suburbs. Try addressing the above issues in your own backyard before conveniently blaming the political opposition.

Amanda
2 days ago
Reply to  Alocal

Our pharmacy was bought out by a group called Medly with the promise of rebranding and making a better pharmacy, but they instead closed down that location. That was one of the only neighborhood pharmacies and our customers cried when they found out it was closing. People trusted us.

Found out their portfolio holder also has CVS in their portfolio. Surprise surprise huh?

Tiffany
2 days ago

It’s sad that the whole foods closing was a big blow to grocery on the Hill. With the Prime discounts not only was it cheaper than Safeway or QFC the quality easily surpassed those chains for meats, deli, produce.

The Safeway on 15th is a depressing place in a myriad of ways, high pricing and predatory digital deals just the start.

Alocal
2 days ago
Reply to  Tiffany

The Amazon Fresh in the central district has very good pricing compared to Kroger, and in many cases better range and price than TJ as well. Safeway seems to delight in over charging customers. I think the city must ask why we don’t have a winco…

Smoothtooperate
2 days ago
Reply to  Alocal

Safeway is cheapest in town. I know that for a fact. Your shopping habits need to change if you really want to save money.

BetterBuddy
2 days ago
Reply to  Alocal

Everyone needs to shop Grocery Outlet (MLK & Uniton) and Winco (I know they are a hike). Trader Joe’s is a sham.

I had heard there was a Winco coming somewhere on Aurora/99. There is a Saar’s which is also a good option.

IDC9
1 day ago
Reply to  BetterBuddy

That Winco is supposed to occupy the former Sams Club in the city’s far north.

1 day ago
Reply to  Alocal

I love the Amazon Fresh on 23rd and Jackson. It’s cheaper than QFC and the deals they have are worth the trek there. Yes, I know it’s Amazon but I’m not willing to pay for normal grocery items at PCC with their jacked up prices.

IDC9
1 day ago
Reply to  emeraldDreams

How far apart would you say Amazon Fresh and PCC are on prices?

Smoothtooperate
2 days ago
Reply to  Tiffany

Safeway is cheaper if you know the system. I shop nowhere else because of that.

The one on 15th is a war zone. I stopped going there years ago during Covid. I go to Madison Safeway. It’s really nice. The bus goes right there too. I go to Trader Joes for milk and eggs etc. Just simple things you run out of.

But yes, join the club card. Do all the coupons online. Shop only sales. Then over time you’ll see a sales pattern. Holidays are great for meat. Like summer 3 day weekends and Thanksgiving, xmas, easter etc. Cinco de mayo is Mexican and so on. If you get snap? Use your Safeway point/real money to buy nonfood items. Buy taxable food on SNAP you pay no tax. Simply doing that will do wonders for your food bill. The “quality” is the same or better in most cases. I used to work grocery so I am a really good shopper. I regularly save 30%+ and my average is about 35% or better as a result. I got a 5 pack of bic lighters for 89 cents with my points this month and I am one person who doesn’t eat a lot. So the points add up quick. Buying $75 gives you an extra 5 bucks off the cart, $10 off sometimes. Depends on the deals. Some items are 4X on points and that really adds up fast af. Plus everything above on top of that.

I’d give it a try. Change your life it will.

Alocal
2 days ago

Just picked up large OJ and gallon of milk at amz fresh both under $3, regular price, not sale / coupon.

Smoothtooperate
2 days ago
Reply to  Alocal

2 items…nice…You are crushing it

IDC9
1 day ago

$10 off $50 coupons come along regularly as well. And for those who take name brand vitamins, buy 1 get 1 free sales are a regular occurance. Safeway can be an affordable place to shop, but you do have to do your homework and play their games in order to make it work.

BetterBuddy
2 days ago
Reply to  Tiffany

Can you elaborate on the predatory nature of your comment? The type of food, because it’s digital, so it’s limited to those with devices, something else?

d4l3d
2 days ago
Reply to  BetterBuddy

Thinking the same thing.

The concept of device security in those settings is a myth.

1 day ago
Reply to  BetterBuddy

I think by digital deals, she’s referring to the deals saved to your loyalty account, which you create on either QFC or Safeway’s site or via their app, that’s linked to your phone number used at checkout . You can access the same things in the app on the website and add the digital deals that you see on their site to your QFC or Safeway card. So when you ring those items up at the checkout stand you’ll see those deals reflected in the price.

I think Kroger recently got sued b/c it digital deals were considered discriminatory towards low income and senior citizens who don’t have reliable Internet connections via their phones. So they now offer a paper version of the digital deals with a bar code that you can scan at checkout.

Smoothtooperate
1 day ago
Reply to  emeraldDreams

QFC sucks for the same reason I do not go to 15th Safeway. Only QFC is also a lot more expensive. The points you earn goes to gas credits. I don’t have a car. So it’s a total crap deal.

PCC I can’t even enter. I have high blood pressure. I need to consult my Doc first. She may want to up my medication or simply recommend I just avoid it all together as I have been.

Yeah…Not sure if they were sued or not. But there was a mass backlash. I do recall that. I also recall them going back to paper as a direct result. QFC often has issues with accuracy on sales. Safeway seems to be almost full proof. Safeway it is sooper easy to find help. QFC is literally impossible. Unless it’s the security guards. They stand there doing nothing most of the day.

IDC9
1 day ago

Safeway has it so you can use your rewards points on either gas or groceries.

IDC9
1 day ago
Reply to  emeraldDreams

I believe that only applies to certain weekly digital deals. Not for every digital deal.

Metteyya Brahmana
2 days ago

>>> building’s new owners say the Amazon-backed company holds a lease on the shuttered property through 2038. Meanwhile, the boarded 8,000-square-foot E Pike grocery formerly home to Amazon Fresh has remained empty since its equally abrupt April 2024 closure after four years of business on the block<<<

This is the negative effect of Amazon on Seattle that no one wants to talk about. They are driving nearly ALL retail stores out of business. And Amazon-backed tenants in leases like in the quote above should be penalized. If you are not going to occupy and use a building within a reasonable time, then the lease should be forfeited. Otherwise, we are allowing Amazon to use its ‘trillionaire’ wealth to force blight on the city with vacant, boarded up buildings which could otherwise be leased to businesses who want to actually occupy and use these properties.

As for the negative covenants, Bruce doesn’t provide any DATA concerning how significant a problem this actually is. Without the data, this looks like another ‘cosmetic’ effort from Bruce (like sweeping the homeless from one neighborhood to the next) to appear as though you are doing something about the problem when you actually are not.

1 day ago

I think those covenants were still on the book for the neighborhoods on the North end of town, near where the Fred Meyer closed and probably in places like Broadview.

someone should e-mail the Seattle times to cover investigate which neighborhoods still have covenants in the books that aren’t normally enforced until a Karen or Chad insists on them getting enforced to either slow down or block the development of a grocery store or low income housing.

Smoothtooperate
1 day ago
Reply to  emeraldDreams

The main deal is the store space gets leased as the building is built right?…
Then Amazon moves in and gives it a go. They fail. However! They still win!

How?

Amazon fresh delivery. Comes from a warehouse. The other types of grocery delivery comes from the local store.

So let’s say they vacate. Then keep it vacated. They have monopolized the only space to put a grocery store. There are no other empty spaces like that. But because their food biz is actually a warehouse? They STILL corner the market w/o having any brick and mortar presence. They will simply shift to Amazon delivery. Or move on in some cases. Also? They always have the option to come back with a store or some other biz.

Like you say…When you got his money? You run shit.

Krista
2 days ago

Without security guard services 24-7 , walking around , and camping ban , loitering, and panhandling forbidden. No one’s going to buy that property. As long as homeless drug addicts are in town , also.living in RVs , near your local store .

It’s not safe , and graffiti and vandilizim, for the store and it’s customers , it’s a loose , loose situation. Good luck enticing new business to a ” bad spot ” without any safety for security.

SFK
2 days ago

Grocery stores are in business to make money. When unrestricted and unpunished theft, inability to hire qualified and dependable workers, and a minimum wage that significantly lowers profit margins kicks in, of course they’ll close. They can’t turn a decent profit. Seattle continues to foolishly shoot itself in the foot while trying to blame everything but obvious reasons brought on ourselves.

1 day ago
Reply to  SFK

Theft isn’t the only issue. it’s assaults on security and staff by vagrants. It happens often at both QFCs on Broadway.

haolenate
2 days ago

Maybe get a handle on crime (eg- theft) and make sure people can shop without being harassed by people asking for money would be a FANTASTIC start…

bcfls
2 days ago
Reply to  haolenate

Sometimes they ask for chicken strips, which I would hardly consider harassment. Ever tried not feeling harassed when somebody needs help?

Smoothtooperate
1 day ago
Reply to  bcfls

Their children

1 day ago
Reply to  bcfls

When was the last time you were asked by a panhandler for some food on the way out? It’s been awhile for me. I’m normally being asked for spare change. The last time I offered to give food, I was told a list of things that it couldn’t have in it… Like dude be thankful for what you get.

Sam
1 day ago

Hey Seattle, have considered it your anti business, anti police and pro criminal stances that are causing businesses to leave

Smoothtooperate
1 day ago
Reply to  Sam

seen our GDP vs other cities? Livability?
The 10 most crime ridden states are red states. We also balance their budgets.

So it’s the red states that are shit for business. Quality of life sucks. It simply sucks period.

But okay…Seattle ain’t perfect. But it’s better than anywhere else as far as I am concerned. I have seen and saw and it ain’t greener.

Heywood Jablowmee
1 day ago

WhyTF don’t you just enforce the law.

If you dont want the natty guard here you should figure out how your policy sucked 8 years ago and how nothing changed in that time and go from there.

Heywood Jablowme for president…

Native Citizen
1 day ago

Why not tax vacant commercial property?

Terrence Finley
23 hours ago

Maybe city officials should start looking to themselves and seeing that their policies have resulted in many, if not all, of the issues that have resulted in the problems that have now come to fruition.

Maybe, when they start addressing the bulk of their issues more appropriately, maybe they can start to see a more positive turn around.