Classification of Nicotine Vapor and Tobacco Businesses

Is there an ongoing issue: Are electronic cigarette shops the same as convenience stores?

The Planning Department of Chesterfield County held a work meeting on September 22 to discuss the issue of accurately categorizing businesses that sell nicotine vapor and tobacco products. The challenge lies in determining how to handle shops that not only sell, but also allow sampling of their products.

Due to the rapidly changing legal and cultural norms both within the state and across the country, there are many issues surrounding businesses in Virginia that differ from those in other states.

Brett Meadows, a senior planner, presented the information again to the committee by reviewing the discussions, issues, and action plans from the August work meeting.

Last month, planners conducted a review of zoning regulations allowing such companies to operate as convenience stores as they are currently classified separately within commercial zones.

According to the Meadows report, planners have been working with the community promotion department of the county since August to consider how to handle the signage of retail electronic cigarette and tobacco stores. From these discussions, planners have proposed a draft proposal on how to standardize, communicate and enforce future signage regulations.

Signage is a source of revenue for some of these businesses," noted Meadows. "Different vendors will pay to have their signs placed in storefront windows." Limiting the use of signage for e-cigarette shops may overlap with other businesses such as grocery stores or pharmacies, which sell products rather than sponsorships. He explained that existing zoning regulations do not specifically acknowledge or permit the sale and consumption of nicotine vapor products, but the definition of "convenience store" has been interpreted to include e-cigarette shops within commercial zoning districts.

According to data from Meadows cited by the Virginia Department of Behavioral Health and Developmental Services, Chesterfield has 235 locations - encompassing a wide range of retail businesses - selling nicotine vapor and tobacco products. In comparison, more than 120 of the 133 areas reported in Virginia have a higher concentration of businesses.

He stated that planners are working hard to define terms such as "recreational substances" and "recreational substance on-site usage" when developing a unique language for operating nicotine e-cigarettes. Meadows explained that these substances may include products from the industry's assistance but do not include marijuana that is governed by state and federal laws.

He added that the regulations, including the language drafted by the planners, will immediately identify nine county enterprises that are not complying with the rules.

Andrew Gillies, the Planning Director, described to the committee the "impossible" challenge of trying to classify the recreational use of nicotine vapor products. "As employees, we are focused on the on-site consumption aspect as much as possible," said Gillies.

He added, "I believe there needs to be a broader definition of 'entertainment substances' in order for us to have a clearer definition of on-site consumption of these substances. So, all these parts come together, I just want you all to know the direction. We are somewhat disregarding the retail industry, except for possibly better logo control and enhanced cooperation with the community, and some shopping center owners just want to better understand how to market these products.

Gillies informed the commissioner that the language formulated by the planners allows the county some flexibility in designating additional substances, which can be added to the defined sub-clauses, depending on how the cannabis issue is settled at the federal level.

In the end, the committee members voted to launch a new zoning ordinance in October. The proposed timeline by the Planning Department focuses on the new zoning regulations for nicotine vapor and tobacco companies, with a final goal of 2023. The committee members aim to hold open public hearings before this date.

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