[Adopted 6-9-2025]
A. 
No business or location for any retail sales of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking may be located within the City of Galax if such business or location is within 1,000 linear feet of any child day center or any public, private or parochial school, and the operation or establishment of such business or location in violation of this section shall be unlawful.
B. 
No sales of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking shall take place within 1,000 linear feet of any child day center, or any public, private or parochial school, and the conducting of such sales shall be unlawful.
A. 
Any retail business or location holding a valid alcoholic beverage retail license issued pursuant to Virginia Code § 4.1-206.3 or successor statute shall not be affected by the limitations contained in § 116-19.
B. 
Any retail sale location of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking in operation before July 1, 2024 shall not be affected by the limitations contained in § 116-19. In determining whether such location was in operation before July 1, 2024, the City may rely upon as prima facie evidence records of such location validly being issued a business license and paying the applicable business license taxes and/or fees, or applicable state-issued licenses or permits.
For purposes of this article the following definitions shall apply:
CHILD DAY CENTER
Shall mean a child day program offered to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care; or (ii) 13 or more children at any location.
HEMP PRODUCT
Shall mean a product, including any raw materials from industrial hemp that are used for or added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product; and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0.3% and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package.
HEMP PRODUCTS INTENDED FOR SMOKING
Shall mean any hemp product intended to be consumed by inhalation.
RETAIL SALES
Shall mean any exchange, sale, distribution or gift of a product regulated under this article in consideration of any thing of value by or on behalf of the person to whom the product is exchanged, sold, distributed or gifted.
TOBACCO PRODUCT
Shall mean (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. "Tobacco product" includes any nicotine vapor product as that term is defined in Virginia Code § 58.1-1021.01. "Tobacco product" includes nicotine vapor products and alternative nicotine products, but does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.
In accordance with Virginia Code § 15.2-1429, violations of this article shall be enforced as a Class I misdemeanor.