Richmond preparing to pass new rules on vape shops

Vape shops seem to be appearing everywhere in Richmond. And city officials have noticed.

After state lawmakers voted this year to give local governments the ability to regulate stores that primarily sell vape products, tobacco, smokable forms of hemp, Richmond officials are preparing new rules that could limit where and how those businesses can operate.

“It’s something that constituents not just in my district but across the city have been raising their hand on,” City Councilor Katherine Jordan (2nd District) said at a Planning Commission meeting last month. “These vape shops seem to be popping up all over the place.” 

The new state law, which the General Assembly unanimously approved, specifically empowers localities to ban new vape shops within 1,000 feet of schools and day care centers. The bill was pitched as a way to help local officials limit minors’ access to tobacco and vape products and potentially reduce vaping in schools.

The legislation doesn’t apply to stores operating as of July 1, meaning existing businesses won’t be forced to move or close because of new rules adopted after they opened. The law was written to apply only to vape or smoke shops, not to convenience stores, gas stations or businesses that might offer those products along with a variety of other merchandise.

Richmond officials have not yet drafted an ordinance laying out what limits they’re considering, but Henrico and Chesterfield counties already passed new vape shop regulations of their own this summer that could serve as a model for Richmond.

Henrico’s ordinance prohibits new vape shops within 1,000 feet of a school or within 2,000 feet of a public park. It also bans new stores within 2,000 feet of an existing vape shop. Henrico is considering expanding its ordinance to also limit vape shops near day cares and churches.

In Chesterfield, officials approved an ordinance that prohibits new vape shops within 2,000 feet of a school, only allows them to operate from 8 a.m. to 8 p.m., sets new zoning rules limiting the stores to commercial areas and creates a more rigorous permitting process.

The Richmond Planning Commission voted to authorize City Hall to begin drafting its own proposal that’s expected to be ready for action later this fall. Officials said they could not provide data on how many vape shops exist in Richmond and where they’re located, but expect to prepare some numbers as the process continues.

Councilor Andreas Addison (1st District) asked if the city had any ability to tackle the issue through higher taxes on the products vape shops sell.

“That seems to be something that would also control some of the supply and demand, and how many they’re opening,” Addison said. 

Other officials at the meeting indicated tax changes would probably require broader legislation by the General Assembly.

Richmond Planning Commission Chairman Rodney M. Poole, a senior vice president and general counsel for The Wilton Companies development firm, urged city officials to also seek input from developers. 

“Public engagement as part of this process is exceptionally important,” Poole said. “That should include not only the public but also the development community.”

Poole said Henrico’s ordinance seems to strike a “nice balance” between the needs of the community and the needs of developers.

Officials said the coming vape shop ordinance could be ready for review as early as this month.