Front Porch Conversations: Vape shop ordinances?

What is this about vape shop ordinances?

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Throughout the state of West Virginia county commissions and city councils are enacting ordinances that control how many vape shops may be opened in a certain area, what type of signage may be used (no flashing lights), and the use of certain imagery (like marijuana). These ordinances are usually a result of complaints received that there are too many vape shops in one location or that they look appealing to kids due to flashing lights. As a result of the increased use of vape products by teens, many feel that vape shops/products need to have additional regulations in addition to those already set forth in state law – such as must be 21 years of age to purchase a vape. 

One example is Raleigh County, which has created a strict ordinance against vape shops. 

In the Raleigh County Planning and Zoning Ordinance, published in January, vape shops are defined as: 

“A retail establishment that specializes in selling tobacco products and accessories, as well as tobacco-derived and alternative nicotine products, vapor products or psychedelic products and accessories. These shops may cater to individuals who use electronic cigarettes (e-cigarettes) or other vaping products and/or devices. These shops may sometimes allow vaping on site.”

The ordinance for vape shops sets for the following regulations:

• Locations must be 5,280 feet (distance to be measured in a straight line from the nearest property lines) from another Vape/Smoke Shop, Public or Private School or Daycare Center, church, bus stop, public playgrounds/parks or any other business or facility where more than 75% of the business’s function is youth related. 
• Total Signage for the establishment shall not exceed 32 square feet. Flags or inflatables will count as signage. 
• Shall not display any depictions or images of marijuana or marijuana paraphernalia. 
• Windows must be tinted to obscure view from outside and shall not display any flashing or moving lights. 

At the state level, bills have been introduced this legislative session to further regulate the sale of vape products. Some examples of these bills include: 

• Senate Bill 209 – The vape regulation and enforcement act, which would empower the Alcohol Beverage Control Administration to regulate the sale of vapes and vape cartridges.
• Senate Bill 235 – The vape and smoke shop location and operating requirements act, which would regulate locations, operating requirements, and property standards for smoke shops and vape shops; establish safe advertising that does not appeal to minors; set standards for inspections; fines for violations; and appeals.

It seems safe to say that continued regulations of vape shops will continue – whether at the city, county or state level. 

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