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Commission clarifies gas-station and convenience-store vape sales are accessory uses
Summary
Staff told the commission accessory sales of tobacco or vaping products (for example behind a checkout counter at a gas station or drugstore) do not count toward the 75% inventory threshold and so likely will not cause such businesses to be regulated as smoke shops under the proposal.
Commissioners raised questions about how the 75% inventory threshold would apply to properties with multiple uses. Planning staff said accessory sales—such as tobacco or vaping products sold behind counters at gas stations or in drugstores—would be treated as an accessory to the primary use and would not count toward the smoke-shop threshold.
"That would be an accessory to their regular business, so that doesn't count," a staff speaker said when explaining examples such as gas stations and convenience stores. Staff reiterated that the 75% test applies to a store's publicly displayed inventory and that multiuse properties would be evaluated by considering all uses on the site.
