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Commission adopts restrictions on standalone tobacco and nicotine retailers, including spacing rules
Summary
The city commission passed an ordinance restricting standalone retail tobacco and nicotine product dealers with spacing requirements and limits near schools, parks and residences; Planning & Zoning recommended larger buffers but staff used existing comparable distances from other regulated uses.
The Delray Beach City Commission on June 17 adopted an ordinance that adds rules for standalone retail tobacco and nicotine dealers, including minimum separation distances and limits on location near sensitive uses.
Planning staff described the proposal as a city‑initiated Land Development Regulation amendment to define standalone retailers and to require minimum spacing of 750 feet between such retailers. For standalone dealers near residential zones, schools, parks and daycares staff proposed a 300‑foot buffer. The Central Business District (CBD) also would be limited to no more than one standalone tobacco/nicotine dealer per block.
Anthea Gianniotis, development services director, told the commission the draft follows the approach used for other sensitive uses (such as alcohol and cannabinoid‑oil retailers) and said the intent is to prevent clustering of standalone vape and tobacco shops. She said accessories sold by general retailers (convenience stores, pharmacies) would not be regulated as standalone uses unless the tobacco/nicotine retail area exceeded accessory thresholds in the code.
The Planning & Zoning Board recommended larger separation distances and asked staff to consider a two‑tier buffer or a 1,000‑foot separation from churches and schools; staff did not adopt those larger buffers in this ordinance and planning staff said some recommended provisions raised legal or practical enforcement questions.
Laura Simon, executive director of the Downtown Development Authority, told the commission the DDA supports limiting standalone vape/tobacco shops and suggested Atlantic Avenue be excluded from allowable locations; staff said the commission could consider further refinements in a subsequent amendment if desired.
The ordinance passed on second reading at the meeting. Staff said enforcement will rely on the zoning definition of standalone dealers and the city will refine accessory thresholds and signage/enforcement language in follow‑up code work as needed.
