(a)   Any establishment, whether public or private, membership-based or otherwise, that allows the use, sampling, or consumption of tobacco, vape, hemp, cannabinoid, kratom, or other psychoactive products on the premises.

         (a)   A commercial establishment in which 10% or more of the floor area, inventory value, or gross sales is devoted to the display, sale, exchange, or delivery of any combination of the following items intended for human consumption, inhalation, or ingestion:

            1.   Tobacco, cigarettes, cigars, pipes, rolling papers, or other tobacco- related products;

            2.   Electronic cigarettes, vaping devices, e-liquids, or similar vapor- producing products;

            3.   Cannabidiol (CBD), tetrahydrocannabinol (THC), Delta-8, Delta-9, Delta-10, or any other cannabinoid-containing product, whether derived from hemp or marijuana, that is intended to be consumed, ingested, or inhaled;

            4.   Any paraphernalia or accessory items used for the consumption of such products, including but not limited to pipes, hookahs, grinders, or similar devices; and

            5.   Any herbal, synthetic, or natural psychoactive substance, including kratom (Mitragyna speciosa) and any products containing its active alkaloids (mitragynine or 7-hydroxymitragynine), whether in raw, extract, or derivative form, intended for ingestion, inhalation, or other human consumption.

         (b)   For purposes of this definition, the sale of paraphernalia or accessories used for the consumption of such products shall be considered part of the same use category, regardless of whether the consumable products themselves are sold on the premises.

         (c)   This definition also includes any business that holds itself out by signage, advertising, or trade name as primarily engaged in such sales, regardless of the actual percentage of merchandise.

         (d)   This definition shall not include:

            1.   Topical or cosmetic products, such as creams, lotions, or balms, that are not marketed or intended for ingestion, inhalation, transdermal psychoactive absorption, or other forms of human consumption; and

            2.   Pharmacies or licensed medical dispensaries operating under state law.

         (e)   This definition is intended solely for zoning and land-use classification purposes and does not regulate or prohibit any product authorized for sale under federal or state law.

      (1)   In addition to any other conditions deemed necessary by the Town Council to mitigate the potential zoning impacts of a tobacco, vape, cannabis, or psychoactive specialty establishment, the following standards are established pursuant to VA Code § 15.2-2286(A)(3) as reasonable conditions to ensure the compatibility of such uses with surrounding properties and the public welfare and shall apply to all tobacco, vape, cannabis, or psychoactive specialty establishments approved by special use permit:

            1.   Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m.

            2.   Adequate exterior lighting and security cameras shall be provided and maintained in accordance with a lighting and security plan approved by the Town Council and made a condition of the special use permit.

            3.   The business will register and maintain an active alarm system and after-hours emergency contact with the town throughout the life of the special use permit.

            4.   No exterior seating, tables, benches, vending equipment, or other fixtures designed for customer congregation shall be installed or allowed to remain outside the building.

            5.   Compliance with all Fire Marshal and Building Code standards for storage of lithium-ion batteries or other flammable materials is required.

            1.   Ventilation and exhaust systems shall be designed, operated, and maintained to prevent the escape of odors noticeable to a person of ordinary sensitivity to adjacent residential dwellings or pedestrian areas. If the business involves storage, handling, or packaging of aromatic or powdered products (including hemp flower, kratom, or flavored e-liquids), additional filtration or odor control measures may be required based on generally accepted industry standards such as ASHRAE Standard 62.1 (Ventilation for Acceptable Indoor Air Quality) or equivalent, as verified by a licensed mechanical engineer.

            2.   On-premises consumption, sampling, or product use is prohibited.

            1.   Windows shall remain visually open; physical obstructions, opaque films and heavily tinted glass are prohibited.

            2.   No display racks, product shelving, or promotional merchandise shall be placed outside the building.

            3.   Products, packaging, or advertising visible from the public right-of- way shall not depict or simulate drug paraphernalia.

            4.   Interior window displays shall be limited to professionally printed signage or merchandise typical of a retail storefront and shall be arranged to maintain visibility into the sales area from the public right-of-way.

            5.   Lighting shall be designed to minimize glare onto sidewalks and adjacent buildings and shall not include flashing or color-changing effects visible from the public right- of-way.

      (2)   All improvements or equipment necessary to comply with these standards shall be installed and maintained by the business operator at their expense.

      (1)   The Zoning Administrator shall have a right of entry during all hours of operation to inspect any establishment operating under this section for compliance with all special use permit conditions.

      (2)   Each permit holder shall file an annual report with the town as part of its recertification process. The report shall include:

         (a)   The percentage of floor area and display space devoted to products listed in division (A);

         (b)   The percentage of annual gross sales derived from such products; and

         (c)   A certification, signed by the business owner or manager, attesting that these figures are true and that the establishment remains in compliance with all conditions of approval.

      (3)   Information submitted under this section shall be treated as confidential to the extent permitted by Virginia law and used solely for zoning and business license compliance purposes.

      (4)   (a)   The town reserves the right to audit the information contained in the annual report at reasonable times and upon reasonable notice. Such audits may include inspection of premises, review of sales records, or verification through the town’s business-license reporting process. Businesses found to have under-reported the percentage of specialty sales may be deemed in violation of this section and subject to enforcement under VA Code § 15.2-2208.

         (b)   Information demonstrating a violation of the special use permit may include, but is not limited to, discrepancies between reported and observed floor area devoted to such products, inconsistencies in sales figures disclosed to the town under business license reporting, or failure to provide requested documentation during an audit.

      (5)   Failure to submit the annual report or to cooperate with an audit shall constitute a violation of this section and may result in suspension or revocation of the special use permit following notice and hearing before the Town Council.

      (6)   Upon finding a violation, the Zoning Administrator shall issue a written notice of violation specifying the corrective action required and the time period for compliance before referral for enforcement or revocation.

      (7)   Each day a violation continues shall constitute a separate offense. Nothing herein limits the authority of the town to pursue civil penalties, injunctive relief, or any other remedy authorized by Virginia law.

      (8)   Nothing in this section limits the authority of law enforcement to enforce any state or federal law relating to controlled substances or public nuisance. The Town Manager or designee may establish forms and procedures necessary to implement this section.

(Ord. O-2026-01, passed 1-20-2026)