Spotsylvania County’s Board of Supervisors don’t like the idea of shops selling nicotine vape and hemp products near schools and childcare centers and made a move this week to restrict them.
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The supervisors addressed the issue during a public hearing at their Tuesday evening meeting. No residents or business owners spoke during the hearing.
After discussion over various issues concerning the retail sales restrictions, the board approved the measure, 7-0.
The county’s new ordinance restricts businesses selling nicotine vape products and hemp sold for smoking from operating within 1,000 feet of a school or childcare center.
The ordinance is based on a new state law, approved by the Virginia General Assembly in July, that regulates shops selling vape and hemp products from being within 1,000 feet of schools.
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While the ordinance applies to any store selling the vape and hemp products, the board was focused specifically on the specialty shops focused on those products.
The issue popped up at a September supervisors meeting when Supervisor Gerald Childress (Chancellor District) said he had gotten “90-plus emails” about concerns of a new vape shop, Tobacco Hut, opening next to Chancellor Elementary School on State Route 3.
The shop, which resembles many vape shops with bright neon signs, has since opened. The store will not be impacted by the new ordinance, which only applies to such shops that have not yet opened.
Supervisors talked about more aggressive restrictions on such businesses.
Supervisor Drew Mulllins (Courtland District) suggested that many of the vape/tobacco shops are shady operators running them as fronts for illegal activities. He asked if the board could tie the ordinance to the business owners.
Mullins wondered if the ordinance could be enforced if the owners violate laws by selling the products to minors or if the businesses are sold to new owners.
“These shops are everywhere. There’s never anybody in them,” he said. “They bring nothing good to the county.”
Board attorney Karl Holsten said state law prevents that approach.
As part of the ordinance, the county will establish a mapping system showing schools and childcare centers and property within 1,000 feet to ensure none of the stores open in those locations.
Supervisor Chris Yakabouski (Battlefield) said he is no fan of vaping or tobacco use and that such stores add nothing positive to the county, but he still wondered what the ordinance is supposed to accomplish.
The focus, he said, should be keeping such stores from selling vape and nicotine products to minors. The ordinance does not do that. He considers the situation to be a law enforcement issue.
Childress told Yakabouski the shops “target children” and said the ordinance will prevent other such businesses opening near schools and childcare centers.
Kimberly Pomatto, the county’s director of planning and zoning, said the ordinance is a “stop-gap” option, adding that staff is investigating more options while it overhauls the county’s zoning ordinances.
Scott Shenk: 540/374-5436
“}]] Spotsylvania County’s Board of Supervisors passed a measure that restricts shops selling nicotine vape and hemp products from being near schools and childcare centers. Read More
