Hampton leaders say stores are skirting vape shop rules

Hampton city leaders enacted restrictions this year on where vape stores can operate, but they say business owners are circumventing those rules by operating as convenience stores that happen to sell tobacco products. To address the problem, the city will ask state lawmakers for more authority to regulate businesses selling tobacco products. City Council unanimously voted Wednesday to approve a final version of its legislative request that would give the city more flexibility in addressing concerns about existing stores. As a Dillon Rule state, Virginia requires localities to obtain permission from the state before taking new actions. City Manager Mary Bunting said that for years the city could not stop the spread of vape shops because the state had not granted authority. Once the state gave localities authority in 2024 to regulate where vape shops can be located and required sellers to obtain licenses in 2025, the city acted in January to restrict hours of operation from 9 a.m. to 8 p.m. and require them to be at least 1,000 feet from schools and child day centers. However, Bunting said many stores are slipping past the city's rules by selling themselves as convenience stores. She said tighter definitions could include requiring a certain percentage of convenience store sales to be typical sundry items, similar to how Virginia ABC requires a certain percentage of restaurant sales to be food. The city is also preparing for retail cannabis sales, which are slated to begin in Virginia on July 1, 2027, with licensing applications opening Feb. 1, 2027. Hampton began amending city code in September to zone for the new marketplace. Mayor Jimmy Gray said the city will operate under state rules but will still look to regulate hours, districts, land use categories and procedures for objecting to new licenses. Vice Mayor Steven Brown said he is confident cannabis stores won't spread like vape stores due to clearer state guidelines, including a statewide cap of 350 retail licenses and a ban on selling tobacco or alcohol at licensed stores, as well as a 1,000-foot buffer from hospitals, schools, universities and child day programs. Brown said it is the city's responsibility to regulate properly and protect the community's health.

(Source：Norfolk Virginian-Pilot)