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Commission recommends limits on smoke and vape shops, defines 'significant tobacco retailer'
Summary
Ordinance 2603 would create a definition for 'significant tobacco retailer' (10%+ floor space/display or 20%+ inventory or self-identification), allow them only by conditional use in the CR district, impose 1,000-foot buffers, set closure hours and prohibit amusement devices and on-site alcohol; commission voted to recommend the ordinance and asked the solicitor about grandfathered businesses.
Planning staff presented Ordinance 2603 on April 14 to define and regulate smoke and vape shops and similar tobacco retailers. The draft ordinance establishes a "significant tobacco retailer" as an establishment that devotes 10% or more of floor space or display area to tobacco/vape products, maintains 20% or more of its total inventory in those products, markets itself as a smoke/vape/cigar shop, or operates as a hookah bar.
Under the proposal, significant tobacco retailers would be permitted only by conditional use in the Commercial Retail (CR) district and would be required to meet standards including a 1,000-foot separation from sensitive uses (schools, parks, child care facilities, religious institutions) and a 1,000-foot separation from other similar retailers. The ordinance as presented also specifies closure hours (11 p.m. to 10 a.m.), prohibits amusement devices inside such establishments, bars on alcohol sales or consumption on site, and requires clear signage and restrictions on minors entering unless accompanied by a parent or legal guardian.
Commissioners asked whether the municipality could require existing shops approved under prior rules to disclose current inventory or sales mix so the town would know whether they meet the new threshold. Planning staff said the solicitor will investigate whether the municipality can request that information for businesses approved before the ordinance.
The commission moved, seconded and voted to recommend Ordinance 2603 to council.
