The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative nicotine products means any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe.

Ancillary sale mean where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 20 square feet, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco.

E-cigarette or electronic cigarette means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "vape juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The vape juice used in e-cigarettes typically contains nicotine, and for this reason e-cigarettes and their vape juice can be classified as both tobacco products, vape related products and tobacco paraphernalia.

Tobacco paraphernalia means any paraphernalia, equipment, device, or instrument that is designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Code of Virginia.

Tobacco product or tobacco-related product means any product in leaf, flake, plug, liquid, vape juice or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Vape or vape juice means any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product.

Vapor products or vape-related products means any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, that can be used to produce vapor intended for human consumption including, but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape, vape pen, vaporizer or similar product or device and any container containing a consumable material that has been manufactured to be used with or in a vape, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer or similar product or device.

Vape shop means any premises with more than an incidental or ancillary display, whose principal business is the sale, distribution, delivery, offering, furnishing, or marketing of alternative nicotine, alternative nicotine delivery products, vapes, vapor products, e-cigarette, vape juice, single cigarette tobacco, tobacco products, or tobacco paraphernalia including smoke shops, and tobacco shops. For the purposes of this section principal business means that alternative nicotine products, vape juice, or both constitute at least 25 percent of the business's aggregate retail sales, or more than 25 percent of the floor area of a business building is devoted to the sale or advertisement for sale of vape or vape-related products, or if the word "vape" or "smoke" are in the name of the business.

(Ord. No. 2-1-20-3, 2-13-2020)

(a)

Notwithstanding any other provision of this Code, vape shops can only be a permitted use only in the Business Zoning District (B1), and must comply with the criteria provided herein:

(1)

Vape shops shall not be located within 1,000 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, or other similar uses where children regularly gather. All measurements shall be made on the official tax maps, measuring from the above-mentioned locations to the nearest point on the lot line of the parcel on which the vape shop is located.

(2)

Vape shops shall not be located within 1,000 feet, measured property line to property line, from another vape shop and tobacco store.

(3)

No vape shop shall permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any vape shop and tobacco store.

(4)

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

(5)

No vape shop shall display tobacco paraphernalia in a manner that is in plain view from the street or sidewalk

(6)

No smoking, inhaling or ingestion of tobacco products or vape related products shall be permitted on the premises of the vape shop at any time.

(7)

No sales of tobacco products and vape related products may be offered, made, solicited or conducted on the premises of the vape shop by minors.

(8)

No sales of tobacco products and vape related products may be offered, made, solicited or conducted on the premises of the vape shop by minors.

(9)

No self-service of tobacco products, vape related products, or tobacco paraphernalia displays shall be permitted on the premises of the vape shop.

(10)

No retailer, retail establishment, or other person or entity shall sell or distribute or cause to be sold or distributed any electronic cigarettes, vape juice or vapor products in the town.

(Ord. No. 2-1-20-3, 2-13-2020)

(a)

The vape shop must obtain a business license from the town in accordance with the town Code.

(b)

The certificate of occupancy for a vape shop shall be obtained in accordance with section 110-8 of the town Code.

(c)

The business license shall not be issued until the vape shops satisfies the criteria in section 1.10-601.

(d)

The vape shop must obtain approval from any and all applicable state agencies.

(Ord. No. 2-1-20-3, 2-13-2020)