The future of vape shops in Stowe Township will be the topic of discussion when the Planning Commission meets at 7 p.m. Thursday, Sept. 24, in the township Municipal Building, 555 Broadway Ave.

Specifically, planning commissioners will consider amending Chapter 675 of the

township Zoning Ordinance in a way to regulate and restrict whether vape shops should be permitted within the township.

Residents are welcome to attend and provide public comment. The Planning Commission’s recommendation will be provided to the Board of Commissioners for its consideration in enacting the ordinance.

According to a draft ordinance that the Planning Commission will consider Thursday, officials have determined that electronic cigarettes, vaping devices, e-liquids, nicotine products and related accessories are widely sold through specialty retail establishments, and they’re ending up in the hands of children 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.

One thing the draft ordinance doesn’t do, however, is decide which zoning districts would be able to house such shops. Tyler Kochirka, the commission chair who also is a township commissioner, said that aspect would be discussed Thursday night and the commission would make specific recommendations to the Board of Commissioners as to the ordinance language.

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.

The proposed ordinance would restrict tobacco shops, vape shops and other similar retail establishments from operating within 500 feet of a so-called Youth Populated Area.