A draft ordinance that would regulate and restrict where vape shops can operate within Stowe Township earned the Planning Commission’s support Thursday night.

The commission voted 4-0 to recommend approval to the township’s Board of Commissioners, which is scheduled to consider the ordinance at its October meeting.

Township officials created the draft ordinance after determining that electronic cigarettes, vaping devices, e-liquids, nicotine products and related accessories, widely sold through specialty retail establishments, are winding up in the hands of those too young to legally possess them.

As a result, officials believe the township’s zoning ordinance should be amended to define and regulate smoke shops, tobacco stores, vape shops and similar retail establishments to promote the general health, safety and welfare of local residents.

To do this, the township wants to establish a local licensing program, operational standards and enforcement mechanisms for vape shops while remaining consistent with applicable state and federal law.

The draft ordinance includes definitions for a number of items, including e-cigarettes, specialty retail stores and vape shops.

At its meeting Thursday night, the commission amended the draft ordinance to make vape shops and specialty retail stores a conditional use restricted to the township’s general industrial district.

If the Board of Commissioners ultimately approves the ordinance as amended, any future vape or specialty establishments would need to come before the board for approval prior to opening for business. And those businesses would need to operate in the industrial district – not in the West Park Commercial District.

Tyler Kochirka, who serves on the Board of Commissioners, said he anticipates the ordinance will be approved next month without issue.

Kochirka called the ordinance “the first step in trying to reshape the landscape of Stowe Township.”

“We’re trying to take a proactive approach to development and make sure we have a better balance in our commercial district moving forward,” he said.

Existing locations that sell the items in question could continue to operate but would be required to register with the township and meet other requirements as outlined in the ordinance. Registration would be required on an annual basis.

The draft ordinance defines a specialty retail store as any retail establishment where more than 50% of the gross retail sales are derived from e-cigarettes, vaporizers, e-liquids, nicotine products or related accessories.

A vape shop is defined as any retail establishment primarily engaged in the sale of e-cigarettes, vaporizers, e-liquids, nicotine solutions and related accessories.

Those accessories, as they pertain to both specialty retail stores and vape shops, refer to any tanks, coils, batteries, chargers, mouthpieces, carrying cases and similar items intended for use with e-cigarettes or vaporizers.

The draft ordinance calls for anyone operating a vape shop or specialty retail store within the township to first obtain a municipal vape shop license, which would need to be renewed annually.

Licensed vape shops, under the proposed ordinance, would be required to:

• Comply with all federal, state, county and local laws;
• Post “conspicuous signage” stating that sales to people under the minimum age are prohibited;
• Require government-issued photo ID for any purchaser who appears younger than 27;
• Maintain products behind a sales counter or in a controlled-access area unless self-service displays are permitted by state law; and
• Maintain safe storage practices for batteries, nicotine liquids and hazardous materials.

Violations would result in fines of at least $100 and up to $1,000 – plus court costs — for each offense.