Tackling Tobacco: July 2024 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
ALABAMA
Hoover — In late July, the Hoover City Council passed a six-month moratorium on issuing new business licenses for CBD and vape shops while city officials explore appropriate regulations for those businesses.
The decision was prompted by a proliferation of CBD and vape shops in certain commercial districts. There have also been complaints about illegal products reportedly being sold in some of these businesses and some legal products being sold illegally to minors. Additionally, CBD and vape shops were frequently found to be in violation of various city and state regulations. The moratorium mostly affects new CBD and vape shop businesses seeking a license, as well as those seeking a change of ownership.
CALIFORNIA
Oxnard — The Oxnard City Council will vote on limiting the number of permits for tobacco retailers in the city to 100, potentially shaving the number of outlets by more than a third over time. This would take place as new permits are sought and stores are sold or closed. The cap would not reduce the number of establishments that currently exist.
[Check out more news on Tobacco rules and regulations]
If adopted, the limit — which is modeled after one in San Francisco — would be the first of its kind in Oxnard.
NEW HAMPSHIRE
Concord — Gov. Christopher Sununu signed a bill that defines alternative nicotine products and amends current statutes. The bill moves fines for tobacco-related violations from statute to administrative rules (pursuant to rules adopted by the liquor commission). It requires tobacco licensees to abide by all federal laws, regulations and rules governing the sale, packaging, distribution and advertising of tobacco products, e-cigarettes, liquid nicotine and alternative nicotine products.
The law goes into effect Jan. 1, 2025.
NEW YORK
New York — Legislation recently introduced in New York City would prohibit the sale of tobacco vape products designed to resemble school supplies, such as highlighters, staplers and tape dispensers. New York City school safety agents testified at a public hearing last fall that the hard-to-spot products make it difficult to prevent kids from vaping.
State legislators introduced a similar bill earlier this year, but it stalled in the state Assembly despite unanimously passing the state Senate.
WEST VIRGINIA
Morgantown — The Morgantown City Council adopted a zoning amendment creating new text around the "smoke shop/tobacco store" use and restricting such uses to B-5 districts (shopping center) by right and B-2 (service business) by conditional use. With the new rule, smoke shops and tobacco stores would require the review and approval of the Morgantown Board of Zoning Appeals. The city's downtown is zoned B-4 (general business).
The law differentiates between a smoke shop/tobacco store and grocery stores, supermarkets, convenience stores, drugstores (not including cannabis dispensaries) or similar outlets that carry these items as ancillary sales. It also mandates smoke shops/tobacco stores to be at least 1,500 feet from one another and schools or daycare centers.