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How do communities regulate tobacco specialty retail shops?
Our city has a smoking ordinance that permits smoking in a "tobacco specialty retail shop," but it does not define this use. We have a tobacco specialty retail shop seeking approval of a license to be able to serve liquor. How do other communities define this use in a way that sufficiently narrows or limits exactly what activities can occur within the confines of this use designation?
Not many communities have adopted specific development standards for tobacco specialty retail shops, also called "smoke shops," in their zoning ordinances; this term is most commonly used in smoking ordinances and only occasionally makes it into land development regulations.
When it is addressed in the zoning code, this use is defined as a store devoting a significant amount of space to the retailing of tobacco and smoking paraphernalia. Tobacco retail use development standards typically address separation requirements from other such uses and sensitive uses such as residential property, schools, parks, libraries, or "youth-oriented" establishments.
Though most such ordinances do not address alcohol sales, Columbia Heights, Minnesota, and Pomona, California, do expressly prohibit the sale of alcohol in smoke shops; the Fairfield, California, definition for specialty tobacco sales specifically exempts facilities that serve alcohol; and in Solana Beach, California, tobacco retailing regulations prohibit tobacco retailing at places that serve alcohol or food.
- Columbia Heights (Minnesota), City of. 2013. Code of Ordinances. Chapter 9, Land Use; Article I, Zoning and Land Development; Section 9.103, Definitions. Also see Section 9.107.C(50), Specific Development Standards – Smoke Shops. www.amlegal.com/library/mn/columbiaheights.shtml
- Fairfield (California), City of. 2013. Municipal Code. Chapter 25, Zoning Ordinance; Article I. Zoning; Division 5, Permits and Administration; Section 25.50, Definitions of Terms and Phrases; Section 25.50.2, Land Use Definitions. www.codepublishing.com/CA/fairfield/
- Pomona (California), City of. 2013. Zoning Ordinance. Part III, Section .5809-21, Retail Tobacco Stores (Smoke Shops). https://library.municode.com/index.aspx?clientId=16560
- Solana Beach (California), City of. 2013. Municipal Code. Title 6, Health and Safety;Chapter 6.17, Licensure of Tobacco Retailers; Section 6.17.020, Requirement for Tobacco Retailer License. www.codepublishing.com/CA/SolanaBeach/
- Albany (California), City of. 2013. Land Development Code. Chapter XX. Planning and Zoning;Section 20.20.120, Regulation of Specific Land Uses - Tobacco Retail Sales. http://clerkshq.com/default.ashx?clientsite=albany-ca
- Citrus Heights (California), City of. 2013. Municipal Code. Chapter 106, Zoning Ordinance; Article 4, Standards for Specific Land Uses; Section 106.42.230, Smoking Paraphernalia Establishments. Also see Chapter 106.80, Section 106.80.020, Definitions; Smoking Paraphernalia Establishment. http://library.municode.com/index.aspx?clientId=13326
- Henderson (Nevada), City of. 2013. Development Code. Chapter 19.5, Use Regulations; Section 19.5.5, Commercial Uses; Part 19.5.5.FF.9, Retail Sales and Service – Smoke/Tobacco Shop Establishment. www.cityofhenderson.com/community_development/docs/devcode
- La Puente (California), City of. 2008. "Agenda Report: Consideration of Municipal Code Amendment – Adoption of Zoning Regulations Pertaining to Smoke Shops in the General Commercial Zone Within the City La Puente." August 6. http://lapuente.granicus.com/MetaViewer.php?meta_id=79997&view=&showpdf=1
- Windsor (California), Town of. 2009. Ordinance No. 2009-258: Ordinance of the Town Council of the Town of Windsor Amending Zoning Ordinance Section 27.10.030 Table 2-4 Allowed Use and Permit Requirements for Commercial Zoning District, Section 27.60.020 Definition/Glossary, and Adding Section 27.34.175 Personal Services, Restricted. www.townofwindsor.com/DocumentView.aspx?DID=3018
Related PAS Products
- American Planning Association. 2010. Regulating Contentious Commercial Uses. PAS Essential Info Packet 02. Chicago: APA. Available at www.planning.org/pas/infopackets/subscribers/eip02.htm.