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Committee discusses options to regulate vape shops but notes state law limits local flavor and licensing rules
Summary
Councilwoman Little asked staff to explore updating county smoking rules to include vaping and e-cigarette products; Business Service Center staff said separation standards and lighting requirements are possible but the South Carolina Tobacco Enforcement Act of 2023 prevents localities from regulating flavors, ingredients, or licensing of tobacco and nicotine products.
Councilwoman Little asked the county administrator to explore updates to Richland County's code (section 18-6, smoking) to include vaping and electronic cigarette products and to identify tools the county could use locally.
Little asked staff to examine options such as minimum separation distances between vape shops, proximity limits to schools and youth-serving facilities, signage and lighting restrictions, and whether the county can limit the percentage of retail floor space devoted to vape products in convenience stores. "I recognize this may ultimately be a General Assembly matter," she said, but asked staff to identify what could be done at the county level.
Zach Kavanaugh of the Business Service Center said staff have explored separation standards and lighting and are drafting an ordinance that borrows from Columbia'city language; he cautioned that the Tobacco Enforcement Act of 2023 "prohibits local governments in South Carolina from enacting regulations on flavors, ingredients, or licensing of tobacco and nicotine products" while preserving the ability to set local public-use policies such as separation or public-use restrictions.
What happens next: Staff will continue drafting the ordinance and consult zoning and land-development staff where regulatory authority requires code changes; any proposed ordinance will be brought back to the committee and council for further consideration.
