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Villa Rica tightens rules for vape and smoke shops, adopts 25% sales threshold and 1,500-foot buffers
Summary
The City Council amended zoning rules to expand distance requirements for smoke and vape shops, ban them in the Central Business District, and classify businesses as vape/smoke shops if 25% of aggregate retail sales are from these products; the council adopted staff’s recommendation unanimously.
The Villa Rica City Council adopted a text amendment to Section 8.22 of the zoning ordinance to regulate smoke shops, tobacco stores, vape shops and medical cannabis dispensaries. The changes increase minimum distances to 1,500 feet from property line to property line for sensitive uses and for similar businesses, ban smoke or vape shops in the Central Business District, and set a 25% aggregate retail sales threshold to classify a business as a smoke or vape shop.
Planning and zoning staff presented the amendment at a public hearing. Planning and zoning administrator Sean Daniels told the council staff “proposes to increase the required distance between vape shops and sensitive groups ... From 300 feet to 1,500 feet” and to add definitions for vape products and vape shops. Staff recommended a 25% aggregate sales test and an annual verified sales report submitted at business-license renewal; the planning and zoning commission recommended an alternative using display/floor space (50%).
City attorney Kevin Drummond reviewed legal concerns raised by a public email, noting that Fourth Amendment search cases cited in comments (for example Michigan v. Tyler and Brown v. City of Atlanta) were not closely analogous to the ordinance changes under consideration and that other Georgia cities use sales or display thresholds differently. Drummond said enforcement would rely primarily on an annual, notarized verified-sales report and that codes enforcement could request a report if a business was suspected of meeting the threshold. He said, “If you adopt the 25% of aggregate sales, then they would be considered a vape shop if they meet that test.”
Public commenters raised enforcement and youth-access concerns. Resident Joshua Evans said underage sales and littering were community problems around such stores; Lisa Connor asked how the rule would treat convenience stores and gas stations where nicotine products are sold and noted that many convenience stores could exceed the threshold depending how gas sales are counted.
Under the amendment businesses where more than 25% of retail receipts (as self-reported in a notarized verified-sales report) come from alternative nicotine and vape products will be classified as vape or smoke shops. The ordinance also gives codes enforcement the authority to request the verified report and requires two weeks for the business to provide it; failure to provide the report can lead to citation and enforcement proceedings. The council approved the amendment by unanimous vote.
