Oakland officials say state law limits local action on a disputed convenience-store vape section

At the July 8 meeting town leaders discussed community complaints about a recently re-opened Citgo convenience store that residents said is selling a high volume of vape and nicotine products.

Oakland’s police chief told the commission that, on inspection, the operation appears to be a convenience store with legal nicotine products on sale. “It’s not a vape shop; it is a convenience store,” the chief said.

Town Attorney Stephanie cautioned that Senate Bill 180, enacted with retroactive effect to Aug. 1, 2024 and in effect through Oct. 1, 2027, broadly preempts municipalities in the covered counties from proposing or adopting more restrictive or burdensome amendments to comprehensive plans or land-development regulations. She advised the commission that adding an ordinance now to ban smoke- or vape-oriented retail locations could run afoul of SB 180 and expose the town to legal challenge.

Council members discussed options short of an outright ban: careful enforcement of existing code provisions (nuisance, signage, hours, lighting), monitoring sales to ensure only statutorily lawful nicotine products are offered, and working with state authorities to confirm licensing. Staff said they are coordinating with state agencies and will monitor the property; the police and code-enforcement departments will watch for criminal conduct or nuisance conditions and use existing enforcement tools if standards are violated.

The commission recorded on the public record that members oppose SB 180’s restrictions and will continue to monitor the business and explore remedies that are lawful under current state preemption.