Hanover ordinance tightens regulations around future vape shops

HANOVER COUNTY, Va. (WRIC) -- An ordinance passed during a Hanover County Board of Supervisors meeting has strengthened regulations around future vape shops in the county.

During a meeting on Wednesday, Aug. 27, the Hanover County Board of Supervisors passed an ordinance restricting where future vape stores can set up shop, their business hours and lighting used in their stores.

These changes would not impact existing vape shops and instead limit future businesses, according to the ordinance.

Ordinance overview

Definitions

The ordinance defines "recreational substances" as being tobacco products, products containing nicotine or vaping fluid, consumable hemp products and Kratom, as well as pipes, vaporizers or other related materials.

It further defines "retail stores" that sell "recreational substances" -- or vape shops -- as businesses whose displays are comprised of 15% or more of those products.

Zoning

In terms of zoning, vape shops were removed from the list of permissible uses in Hanover's B-1 zoning districts. A county spokesperson claimed it is a "Neighborhood Commercial District" primarily consisting of retail stores visited by nearby residents.

Instead, these vape shops located in B-1 zoning districts can receive conditional use permits to operate.

Stipulations

The ordinance emphasized that future vape shops must be at least one mile away from any public or private school's property line.

In addition, future vape shops must be at least half a mile away from any county or town park's property line. It also requires that future vape shops must be at least 2,000 feet away from other vape shops.

As for their business hours, future vape shops cannot open earlier than 9 a.m. and later than 8 p.m. daily.

New lighting restrictions were also implemented for future vape shops, including that exterior lights cannot impair drivers' vision, interior lights cannot be bright and highly visible from adjacent properties and neon/LED rope or other such lighting is prohibited.

Existing vape shops and other localities

The ordinance came about due to county officials' concerns regarding the shops' potential impact on nearby residents, schools and parks, as the stores have become increasingly popular.

The ordinance shows that there are 22 existing vape shops in Hanover, most of which are located in the town of Ashland and the Mechanicsville area.

Existing vape shops would not be impacted by the ordinance and would be classified as "non-conforming uses."

The ordinance referenced similar moves made by other localities, with Richmond being one such example. The city's restrictions address new vape shops from opening within 1,000 feet of other businesses, schools, parks, public libraries and places of worship.

Law enforcement dealings with vape shops

During the meeting, Hanover County Sheriff David Hines discussed the sheriff's office's underage buyer program, which entails notifying retailers months ahead, then sending a buyer who looks underage but does not have an ID to make a purchase.

Hines said the sheriff's office sent an underage buyer to 18 vape shops and 11 of those sold a vape product to the buyer. All cases were reportedly brought to the Commonwealth's Attorney, who addressed the shops.

In addition to these instances, Hines said the sheriff's office received information about illegal marijuana sales at some vape shops.

Hines explained that some undercover purchases were made at several vape shops in both Hanover and Henrico counties.

In partnership with the Henrico County Police Division, Hines said seven locations were raided, including three Hanover stores, two Henrico stores, one Hanover storage unit and one home.

As a result of these raids, Hines said three arrests were made an a fourth suspect was sought.

Hines expressed that although he was unsure whether the proximity of a vape shop to a school affects their usage, he is most concerned with regulation of the substances themselves, which the ordinance does not and cannot address.

"The dangers of vaping are real, but we don't regulate them, and I don't think you can," Hines said. "But you may be able to regulate how they're distanced — and whether or not that makes a difference, I don't know."

Board member comments

Chickahominy District Supervisor Danielle Floyd expressed her support for the ordinance as a measure to keep community members safe.

"This ordinance gives us the opportunity to keep our kids and our community as a whole safe where we're able to," Floyd said. "As the Board of Supervisors, land use is something that we have a say in. However, this is a bigger problem than just the vape shops — it does require a multifaceted approach to solve, as we heard earlier from the sheriff — but this is our part."

Chairman Michael Herzberg, IV, echoed supportive sentiments, adding that he does not view a vape shop as a typical "'neighborhood' type [of] commercial use." He also advocated for reduced restrictions on the proximities stipulated in the ordinance, citing recent loosened restrictions placed by neighboring localities.

Vice Chairman Sean Davis, however, explained a similar initial hesitance as Sheriff Hines, in that he was unsure of the correlation of a vape shop's proximity to schools and parks with child safety, but said he received clarity after speaking with the Board of Community Development.

South Anna District Supervisor Susan Dibble argued against Herzberg's suggestion of loosening the proximity requirements, adding that the further proximities were set purposely, and that the county does not need to compare to other localities.

"We deliberately made these distances more [than those in other localities] because we [Hanover] are different," Dibble said. "And I'm not the least bit concerned about what Richmond, Henrico, or Chesterfield are doing with these, because my message is, I don't want 'em."

Beaverdam District Supervisor Jeff Stoneman seconded Dibble's sentiments, with further agreement by Mechanicsville District Supervisor Ryan Hudson.

Herzberg conceded and dropped the ordinance amendment. The ordinance was then passed following further discussion.