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Council narrows smoke-shop rules, defines 'tobacco/cigar shop' by inventory threshold
Summary
The council unanimously approved GDC Amendment Ordinance 206-4 to add a 'tobacco/cigar shop' definition (more than 75% of publicly displayed inventory in original packaging) and to expand the smoke-shop definition to include vaping; staff said existing shops may remain as nonconforming uses if they do not expand or cease operations for six months.
Garland’s City Council voted unanimously to approve GDC Amendment Ordinance 206-4 on June 2, establishing a new 'tobacco/cigar shop' use—defined by inventory composition—and amending the smoke-shop definition to explicitly include vaping and other vaporizing products.
City staff (Nabila) told council members the ordinance swaps a prior revenue-based test for an inventory-based threshold: "We are adding a new use, which is tobacco slash cigar shop, which is defined as a commercial establishment where more than 75% of the store's inventory has to be tobacco products in their original manufacturer's packaging," the staff presentation stated. Staff said the 75% inventory threshold, applied to publicly displayed stock, is easier for code compliance officers to verify than a revenue-based test.
Staff and the city attorney also clarified how the change affects existing businesses: existing smoke shops that sell vaping products would not be forced to close if they continue operating as they are, but would become nonconforming uses and could not expand the use; if the business ceases operation for more than six months, it would lose the right to resume that use. When Mayor Pro Tim Luck asked whether the ordinance would force current shops to close, staff responded: "They can continue operating as is, as long as they're not— they won't be able to expand the use. And if they cease operation for their use for more than 6 months, then they will not be able to operate again." The city attorney added the ordinance does not differentiate by the specific substance inhaled (for example, Delta-8 versus nicotine); it treats vaping-related products as part of the smoke-shop use for enforcement purposes.
After brief council questions and no public speakers, the council approved the ordinance unanimously.
