MORGANTOWN — The city of Morgantown has seen its last tobacco and vape shop open downtown, at least for the foreseeable future.
More than a month after its June 4 first reading, Morgantown City Council has adopted a zoning text amendment creating the “smoke shop/tobacco store” use and restricting such uses to B-5 districts (shopping center) by right and B-2 (service business) by conditional use, meaning it would require the review and approval of the Morgantown Board of Zoning Appeals.
The city’s downtown is zoned B-4 (general business).
The amendment came to council with the unanimous support of the Morgantown Planning Commission.
It was previously explained that the restrictions were initiated by the city to address the proliferation of vape shops opening in the central business district.
In the law, “smoke shop/tobacco store” is defined as: Any premises that engages in the display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, electronic smoking liquid, tobacco, tobacco products or tobacco paraphernalia.
It differentiates between a smoke shop/tobacco store and grocery stores, supermarkets, convenience stores, drug stores (not including cannabis dispensaries) or similar retail establishments that carry some of these items as ancillary sales.
Further, the law includes a provision that mandates smoke shop/tobacco stores be at least 1,500 feet from one another and schools or daycare centers.
City Attorney Ryan Simonton previously said the ordinance is modeled on similar laws enacted in Charleston, Huntington and Fayette County.
Last August, council adopted a zoning text amendment limiting firearms sales to the same B-5 (by right) and B-2 (conditional use) zones after retailer Big Daddy Guns attempted to open in The Deck development, at 1050 University Avenue.
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