Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Regulation Tobacco topic
No spam. Unsubscribe anytime.
Richmond planning commission discusses zoning changes to limit retail tobacco, nicotine and hemp product sales
Summary
Planning staff briefed the commission on a resolution declaring intent to amend zoning regulations addressing retail sales of tobacco, nicotine and hemp products. Commissioners provided policy guidance on measurement thresholds and asked staff to return with draft legislation and comparators from Henrico and Chesterfield.
The City of Richmond Planning Commission received a staff briefing on Resolution 2024.021, which declares the city’s intent to consider zoning amendments that would regulate the location and operation of retail outlets selling tobacco, nicotine and hemp products. No vote was taken; staff said they plan to return with draft ordinance language for further review.
Dr. Bock (director, Planning Department) and other staff framed the proposed changes as aimed at protecting public health — particularly youth and other vulnerable populations — by limiting retail concentrations and establishing clear thresholds for when a retail outlet should be subject to special rules. Staff presented three possible measurement approaches that have precedent in adult-use and similar ordinances: a percentage of gross sales (25 percent), a percentage of usable floor area, and a percentage of display or "stock and trade." Commissioners discussed the strengths and weaknesses of each approach and indicated a preference for metrics tied to display area and stock-and-trade measurements rather than raw floor area.
Staff noted that Henrico County and Chesterfield County use thresholds tied to display space (15 percent) and inventory (15–25 percent) and said city attorneys advised that the city may act under its general police power rather than rely solely on recent state enabling legislation. Commissioners asked staff to consult with counterparts in neighboring localities about enforcement experience and to bring back draft text that balances enforceability and legal risk.
Other points raised included how to define "floor area" or "display area" in a way that avoids loopholes (for example, fixtures that shift inventory to non-display spaces), whether to include a sales-based threshold so records could be used for enforcement, and limits to regulating exterior advertising because of First Amendment protections. The commission discussed aligning any new rules with the broader zoning code update to ensure consistency.
Staff said they expect to present draft legislation for the commission’s review at a future meeting and will consult with Henrico and Chesterfield planning staff on enforcement lessons.
No formal motion or vote was recorded on the zoning amendments during this meeting.
