Mountain Brook City Zoning Code

The general purpose and intent of these regulations are to provide separation, development and operational standards for tobacco and vape shops and consumable hemp retailers in the city of Mountain Brook in order to mitigate the negative impacts associated with smoking, vaping or use of consumable hemp products and to serve the public health, safety, and welfare of residents and businesses within the city.

(Ord. No. 2196, § 2, 6-8-2026)

It shall be unlawful for any person to operate a tobacco or vape shop or any consumable hemp retailer in any zoning district in the City of Mountain Brook other than the community shopping district or to operate in any manner other than as set forth herein.

(Ord. No. 2196, § 2, 6-8-2026)

For the purposes of this section, the standards of this section apply to new tobacco or vape shops and consumable hemp retailers. Any properly licensed tobacco or vape shop or consumable hemp retailer legally operating at the effective date of this ordinance that is not in compliance with this section shall be considered a legal nonconforming use and shall be subject to the nonconforming use provisions of this ordinance. Any tobacco or vape shop or consumable hemp retailer, whether existing or subsequently granted under this section, that voluntarily discontinues active operation for more than 90 consecutive days; does not maintain a valid city business license for more than 90 consecutive days; or ceases to be licensed by the State of Alabama or any other applicable licensing authority, shall be considered a termination of the use and all privileges and rights held therein.

(Ord. No. 2196, § 2, 6-8-2026)

As used in this section, the following words and phrases will have the following meanings:

Consumable hemp retailer. A business establishment which displays, sells, or devotes area for the use and storage of any Consumable Hemp Product, as same is defined by Code of Ala. 1975, § 28-12-2 (5) other than pharmacies selling topical or sublingual consumable hemp products or retail food stores selling consumable hemp product beverages.

Tobacco or vape shop. A business establishment for which more than 50 percent of the gross floor area is devoted to the display, sale, use and storage of vape or tobacco products, including electronic cigarettes and related accessories. Related accessories include any apparatus, equipment or instrument used for smoking tobacco and/or inhaling vapor from nicotine enriched solutions and/or the burning or vaporizing of controlled substances.

Tobacco product. Includes any substance containing tobacco or derived from tobacco and any substance used in a vape including but not limited to cigarettes, cigars, e-juice, e-liquid, e-nicotine, smoke juice, pipe tobacco, rolling tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, nicotine gel, nicotine lollipops, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body.

Vape. An electronic or battery-operated device, whether or not such device is shaped like a cigarette, that uses an atomizer, aerosol or similar device that allows users to inhale nicotine vapor or flavored vapor, without fire, smoke or ash. An electronic cigarette includes but is not limited to any electronic nicotine delivery system, electronic vaping device, personal vaporizer, electronic pipe, electronic hookah, or vapor pen.

Vaping. To inhale vapor from any vape which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking.

(Ord. No. 2196, § 2, 6-8-2026)

(a)

No tobacco or vape shop or consumable hemp retailer (as described and detailed within this section) established after the date of this section shall be located within 2,500 linear feet of any other tobacco or vape shop or any consumable hemp retailer. The method of measurement that shall be used is a straight line measured from the property line of the site of the proposed business to the closest property line that is already occupied by these businesses.

(b)

No tobacco or vape shop or consumable hemp retailer shall be located within 500 feet of a public building, public or private school, day care center, nursery, preschool, park or playground, church or place of worship, as measured by a straight line from the property line of the site of the proposed business to the property line of the property that is occupied by one of the uses.

(Ord. No. 2196, § 2, 6-8-2026)

(a)

The hours of operation shall be limited to the hours between 9:00 a.m. and 6:00 p.m.

(b)

A tobacco or vape shop located in a building sharing one or more common walls or sharing common attic space with another retail or commercial establishment shall not allow tobacco product use or vaping on the premises in a manner that interferes with any other establishment's use or enjoyment of the premises.

(c)

Tobacco products, tobacco paraphernalia, and vapes shall be kept and displayed in a secure and locked enclosure, which can only be accessed with the assistance of a clerk. Self-service displays of tobacco products and tobacco paraphernalia are prohibited.

(d)

Tobacco products, tobacco paraphernalia, electronic cigarettes and vaping devices, and electronic cigarette and vaping accessories shall not be visible through storefront windows.

(e)

Tobacco and vape shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian and consumable hemp retailers shall post clear signage stating that minors shall not enter the premises at all. At least one such sign shall be placed in a conspicuous location near each public entrance to the shop. It shall be unlawful for a tobacco shop or vape shop to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

(f)

No more than 15 percent of the square footage of the windows and clear doors of any tobacco or vape shop or any consumable hemp retailer shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.

(g)

New operators of any tobacco or vape shop or consumable hemp retailer shall submit a floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, and areas of ingress and egress. The purpose of the floor plan is to serve as fire protection/life safety/accessibility drawing for review and comment by the fire chief or fire marshal.

(Ord. No. 2196, § 2, 6-8-2026)

(a)

No tobacco or vape shop or consumable hemp retailer shall be authorized to operate at other than a fixed location. For example, retailing by persons on foot or from vehicles is prohibited.

(b)

No tobacco or vape shop or consumable hemp retailer shall be authorized to operate at a temporary or recurring temporary event. For example, retailing at flea markets and farmers' markets is prohibited.

(c)

It is unlawful for any owner, agent or employee of a tobacco or vape shop to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any tobacco or vape shop.

(d)

It is unlawful for any owner, agent or employee of a consumable hemp retailer to knowingly allow or permit a minor to enter or remain within any consumable hemp retailer.

(Ord. No. 2196, § 2, 6-8-2026)