The regulation of smoke shops and tobacco stores is necessary
and in the interests of the public health, safety and general welfare
because there is the substantial likelihood of the establishment and
operation of smoke shops and tobacco stores in the city. The expansion
of smoke shops and tobacco stores in the city would result in undesirable
impacts to the community. Among these impacts are increased potential
for tobacco sales to minors, greater opportunity for the sale of illegal
drug paraphernalia that is marketed as tobacco paraphernalia, and
heightened risk of negative aesthetic impacts, blight, and loss of
property values of residential neighborhoods and businesses in close
proximity to such uses. This section provides regulations to address
negative impacts of smoke shops and tobacco stores while providing
a reasonable number of locations for such shops and stores to located
within the city.
(Ordinance O2023-12-26 adopted 12/19/2023)
Where a grocery store, supermarket, convenience store or
similar market uses no more than two (2) percent of its gross floor
area, or two hundred (200) square feet, whichever is less, for the
display, sale, distribution, delivery, offering, furnishing, or marketing
of conventional cigars, cigarettes or tobacco. For any grocery store,
convenience market, retail kiosk or similar use consisting of two
hundred fifty (250) square feet or less, "ancillary sale" shall mean
where no more than five (5) square feet are used for the display,
sale, distribution, delivery, offering, and furnishing, or marketing
of conventional cigars, cigarettes or tobacco.
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 "juice," and that causes the user
to exhale any smoke, vapor, or substance other than that produced
by unenhanced human exhalation. The juice used in e-cigarettes typically
contains nicotine, and for this reason e-cigarettes and their juice
can be classified as both tobacco products and tobacco paraphernalia.
Any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia; provided, however, that any grocery store,
supermarket, convenience store or similar retail use that only sells
conventional cigars, cigarettes or tobacco as an ancillary sale shall
not be defined as a "smoke shop and tobacco store" and shall not be
subject to the restrictions in this chapter.
An establishment primarily in the business of selling cigars
and pipe tobacco.
Any paraphernalia, equipment, device, or instrument that
is primarily 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 Texas Health and Safety Code. Items or
devices classified as tobacco paraphernalia include but are not limited
to, the following: pipes, punctured metal bowls, bongs, water bongs,
electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers,
hookahs, and devices for holding burning material. Lighters and matches
shall be excluded from the definition of tobacco paraphernalia.
A product in leaf, flake, plug, liquid, 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.
Any preparation of the nicotine-rich leaves of the tobacco
plant which are cured by a process of drying and fermentation for
use in smoking, chewing, absorbing, dissolving, inhaling, sorting,
sniffing, or ingesting by any other means into the body.
(Ordinance O2023-12-26 adopted 12/19/2023)
(a)
The following location and land use standards for smoke shops and
tobacco stores shall be as follows:
(1)
Smoke shops and tobacco stores shall not be located within one
thousand (1,000) feet, measured property line to property line, from
a school (public or private), family day-care home, child-care facility,
and youth center, community center, recreational facility, park, church
or religious institution, hospital, or other similar uses where children
regularly gather.
(2)
Smoke shops and tobacco stores shall not be located within one
thousand (1,000) feet, measured property line to property line, from
another smoke shop and tobacco store.
(3)
It is unlawful for a smoke shop and tobacco 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.
(4)
Smoke shops and tobacco stores shall post clear signage stating
that minors may not enter the premises unless accompanied by a parent
or legal guardian. At least one (1) 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.
(b)
Standard conditions of smoke shops and tobacco stores at minimum
shall include the following:
(1)
No smoking shall be permitted on the premises at any time.
(2)
No sales may be solicited or conducted on the premises by minors.
(3)
No self-service tobacco, tobacco product, or tobacco paraphernalia
displays shall be permitted. Each item displayed shall be deemed as
a separate violation.
(4)
No distribution of free or low-cost tobacco, tobacco products
or tobacco paraphernalia, as well as coupons for said items, shall
be permitted.
(c)
Smoke shops and tobacco stores that are legally existing on the effective
date of this article may continue to operate as legal nonconforming
uses in accordance with this chapter. However, any change or expansion
of the legal nonconforming use may require compliance with this chapter.
(Ordinance O2023-12-26 adopted 12/19/2023)
Any violation of this article shall be considered a class C
misdemeanor, and is punishable by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00).
(Ordinance O2023-12-26 adopted 12/19/2023)
