Williamsburg planning commission tables proposal to require special-use permits for vape-related retail and some stores

The Williamsburg Planning Commission on May 14 held a public hearing and extensive discussion on PCR 25-008, a proposed zoning text amendment that would require vape shops and certain drugstores, grocery stores and convenience stores in specified business districts to obtain special-use permits. After extended debate on definitions and enforcement mechanics, the commission voted unanimously to table the proposal pending additional information and refined language from staff.

The proposal was presented by Miss Griffin of the Planning Department. She told commissioners the amendment targets six business districts (LB2, LB3, B1, B2, B3 and B4) and is intended to close a loophole created after a 2022 ordinance change that led some applicants to apply as “convenience stores” rather than as vape shops. “Recently we have been solicited by someone who came in and wanted to open up a vape shop in a, business that's closed down, a vacant store, convenience store. And…they said, okay, I'll open a convenience store,” Miss Griffin said during the presentation.

Chief Dunn of the Williamsburg Police Department described enforcement problems his officers found when inspecting several vape shops, including sales to underage customers and the presence of illegal substances. “Without exception, all vape shops were either, a, selling to underage persons. You have to be 21 to buy most of the products,” Chief Dunn said. He added that officers recovered quantities of marijuana and psilocybin and executed search warrants at some locations.

Staff and commissioners discussed how to draw an enforceable line between a conventional convenience/grocery store and an establishment whose primary purpose is vape-related retail. Miss Griffin said the existing draft includes a primary-purpose test: drugstores, grocery stores or convenience stores “the primary purpose of which is to sell [vape/tobacco products]” would be treated as vape shops. Commissioners raised concerns about how to measure “primary purpose,” enforcement options, and whether large, established stores such as Wawa or Walgreens would be swept in by the definition.

The record includes two different counts cited by staff and police: Miss Griffin said there were five vape shops in 2022 and “currently, there are 3 vape shops in operation,” while Chief Dunn said enforcement actions have reduced operations “down to their 2 that remained operational.” Staff also provided street addresses for two stores that have closed since 2022: 761 Scotland Street and 1012 Richmond Road. As an example to illustrate scale, staff noted that a Wawa’s behind-the-counter vape/tobacco display measured about 18 square feet.

Potential special-use permit conditions discussed included limits on hours of operation, signage restrictions, square-footage or percentage limits on vape/tobacco product display, and requirements for periodic inspections or sales reporting. Commissioners suggested gathering examples from nearby jurisdictions — James City County and York County were cited — to identify measurable, legally defensible standards; one speaker noted that James City County requires a special-use permit for convenience stores in at least some districts.

After extended discussion and requests for clearer packet language and a legend for the maps showing business districts, a motion to table PCR 25-008 until the City of Williamsburg provided additional information and revised ordinance language was made, seconded and approved by roll call: Missus Bowe, Mister Charlie, Mister Boswell, Mister Granger, Missus Liebel and Mister Phillips all voted “Aye.” The tabling leaves the city applicant time to refine definitions (for example, describing whether limits apply to stores “with or without gasoline”), consider square-footage or percentage thresholds, and present enforcement options for the commission’s review.

No members of the public used the open forum to address the commission on this item during the hearing.