(a) Spacing. No tobacco or vape store shall be established on a lot or lots within Maumee that are within ten thousand five hundred and sixty (10,560) feet (two (2) miles) of another lot, or lots containing an existing tobacco or vape store, marijuana dispensary or medical marijuana dispensary. No two (2) tobacco and/or vape retail stores , nor shall a medical marijuana or marijuana retail store be located in the same building or on the same lot. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot, or lots accommodating the proposed tobacco and vape store and the lot or lots from which the existing tobacco or vape store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(b) Maps Maintained. The Urban Planning Manager shall maintain a map of existing Tobacco or Vape store locations and other information necessary to determine compliance with the spacing regulations under subsection (c) of this section.
(c) Floor and Shelf Plan Required. For any Tobacco and Vape Store, a Floor and Shelf Plan shall be submitted as part of its Building Permit application. The plan shall include a site drawing locating the curbs and distances as well as material to provide compatibility with surrounding uses and a rendering or picture of the proposed facade. In addition to any other required plans and information, and shall contain each of the following:
(1) The amount of shelf space dedicated to tobacco and vape products and the amount of shelf space dedicated to non-tobacco and vape products; and
(2) The types of goods, products, or merchandise to be sold and the general cost of such items.
(3) Registers that are visible from the exterior of the store
(4) Aisles that are perpendicular to the front of the store and are visible from the exterior of the store
(5) Fenestration requirements that include clear glass at the front of the store
(d) Maintenance and Other Requirements. The owner and/or operator of a tobacco or vape store shall comply with applicable provisions the Maumee Codified Ordinances regarding the premises and shall comply with the following:
(1) Keep the exterior of the site including the sidewalks and tree lawns abutting the property free of litter and debris; and
(2) Provide one (1) or more solid waste containers located directly outside the primary entrance for the placement of paper, wrappers, and other items by customers and others. Such containers shall be maintained in good condition and be of suitable capacity to sufficiently contain litter and debris between scheduled waste collections.
(3) Tobacco or Vape Stores shall not be located within 1000 feet from a school (public or private), family day care home, childcare facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather. Such distance shall be measured in a geometrically straight line which represents the shortest distance between the lot, or lots accommodating the proposed tobacco and vape store and the lot or lots from which the existing tobacco or vape store is located. Such measurement shall be made using a scaled map, or a survey if deemed necessary, and shall be made without regard to intervening structures, objects, uses, the street grid, landforms or any other topographic feature.
(4) It is unlawful for a tobacco or vape store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(5) Tobacco and vape stores 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 smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(6) Comply with Ohio law as to sales to individuals under the age of twenty-one (21).
(7) Comply with all other requirements of the Maumee zoning code and building codes.
(8) All exterior infrastructure on or adjoining the rental site shall be repaired or replaced according to Maumee Code, including sidewalks, curbs and landscaping prior to being granted an occupancy permit.
(e) Exception. The spacing requirements set forth in Section 1139.02 (a) shall not apply to any tobacco or vape store as defined in herein currently in operation or those entities with an approved development agreement prior to the effective date of this section. If a tobacco or vape store not currently subject to these regulations becomes subject to the nonconforming use provisions as set forth in Chapter 1130 of the Maumee Codified Ordinances after the effective date of this ordinance, said tobacco or vape store shall be required to comply with the regulations set forth herein. (Ord. 038-2023. Passed 10-4-23.)