(a) Purpose. The regulations of this section are established to regulate the location of tobacco and vape stores for the purpose of protecting residents from the proliferation of potentially harmful products, including young adults and also to protest neighborhoods from negative secondary effects created by the concentration or clustering of such businesses. Furthermore, the regulations are established to avoid and reduce over-concentration and to maintain cleanliness for the health and safety of residents within our neighborhoods.
(b) Definitions. For purposes of this section:
(1) "Tobacco and Vape Stores" means a retail store of between two hundred (200) and fifteen thousand (15,000) square feet that dedicates more than thirty percent (30%) of shelf space or retail space to smoking related products including but not limited to tobacco, cigars, smokeless tobacco, electronic smoking devices or supplies, products containing nicotine, alternative nicotine products as defined by Ohio Revised Code section 2927.02 and/or vape products, or tobacco, cigar, or smoking related products or vape related merchandise directly to the consumer and/or stores where sales of tobacco, cigars, smoking related products, electronic smoking products, smokeless tobacco or vape product exceeds twenty percent (20%) of their gross sales. Sale of marijuana, marijuana related products or oils, hemp or hemp related products, related to any of the foregoing CBD, marijuana infused products, or synthetic substances shall be prohibited in all tobacco and vape stores, or within the area stipulated in Section 1139.02(a) below.
(c) Exclusions. For purposes of this section, " Tobacco and vape" does not include retail stores that dedicate less than five percent (5%) of shelf space or storage space to tobacco or vape products or sell gasoline or diesel fuel as their primary business.
(Ord. 038-2023. Passed 10-4-23.)