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City adopts 1,000‑foot buffer and permitting for tobacco/vape shops; existing shops grandfathered
Summary
The Nacogdoches City Council approved ordinance amendments creating a retail tobacco/vape/smoke‑store definition, requiring a specific‑use permit and imposing a 1,000‑foot buffer from sensitive sites; current shops are grandfathered but future openings will be subject to the new rules.
The Nacogdoches City Council unanimously approved amendments on Nov. 5 to the city code that define retail tobacco, vape and smoke stores, require a specific‑use permit for new storefronts, and establish a 1,000‑foot buffer from sensitive sites such as schools, hospitals and parks.
Executive Director of Development and Infrastructure Mike New told council the change clarifies the distinction between stores whose primary product is tobacco/vape and other retail that sells such products as an ancillary item. "The stores that are currently open and operating are not affected by this change; they will be grandfathered," Mike New said. Staff said if a grandfathered store ceases operation and the space becomes vacant, a new tenant seeking to operate a tobacco/vape shop would be subject to the new ordinance and would require city permitting.
The ordinance establishes a special‑use permit process for retail tobacco/vape stores in commercial and certain industrial districts (B1, B2, B3, I1, I2) and prohibits such shops in medical‑district areas. Planning & Zoning recommended the amendments; staff presented a GIS‑based map showing concentrations of existing smoke/vape storefronts, particularly on North Street and near University Drive.
At least one local business owner spoke during public comment to urge the council to distinguish longstanding cigar shops from shops that target younger consumers. The speaker said his business "doesn't cater towards the younger crowd," and asked the council to consider that when applying the new rules.
The council approved the amendments unanimously. City staff said the changes align with actions other Texas cities have taken and that the city will maintain a case‑by‑case review when a business claims ancillary sales rather than primary tobacco/vape sales.
Next steps: The ordinance will be codified and staff will implement the special‑use permit process and mapping to enforce the 1,000‑foot buffer for new applications.
