Akron City Council Council unanimously approved two measures crafted to halt the wildfire spread of smoke and vape shops in the city.
The first requires new smoke and vape shops to be licensed before opening. According to the ordinance, proprietors failing to obtain a license will be fined $1,000.
“This is a good step, a great step in the right direction, having them licensed,” At-Large Councilman Jeff Fusco said.
He criticized the advertising tactics used by vape product manufacturers, saying they target children.
The legislation, passed at council’s Oct. 20 regular meeting, creates a tiered response to businesses violating the city’s laws governing smoke shops. The first offense will cost $200, the second is $1,000, and the third and any subsequent offense will be $2,000. If the business or proprietor is found to be a nuisance under the provisions outlined in the Akron Municipal Code, the city can revoke the shop’s license.
Any business classified as a smoke shop will be required to get a vape products license before selling any smoke shop product, including accessories.
The second ordinance removes vape shops from the list of allowed conditional uses, defines smoke shops and outlines development requirements for smoke shops.
The ordinance defines smoke shops as a retail business utilizing 10% or more of its floor, shelf, storage or display areas to market so-called “smoke shop products” — CBD, kratom, Delta-8 or Delta-9 THC, electronic smoking devices and more, including pipes, rolling papers and filters — or making 25% or more of its revenue from selling those products.
It stipulates that stores must be at least 500 feet from schools or community learning centers, playgrounds, libraries, churches and community centers, and at least one mile from an existing smoke shop.
Planning Director Kyle Julien said the city will routinely check on businesses to make sure they’re following the rules. He said a database of smoke shops will be created using city records and council members’ knowledge of their wards.
In May, the council voted unanimously to put a six-month hold on authorizing the establishment of any new smoke or vape shops selling nicotine or cannabis and cannabis-derived products — Delta-8 THC, for example.
Smoke shops that were established prior to a six-month moratorium will be allowed to continue operating.
“While we can’t apply this to existing smoke shops that opened legally,” the city said in a prepared statement, “it will limit the number of them opening in any one neighborhood moving forward.”
In September 2024, the council passed an ordinance creating a 2,500-foot minimum distance between vape shops operating in the city.
A memo from Akron’s Planning Commission explains why the city felt these steps were necessary.
“The city maintains that the continued proliferation of smoke shops encourages unhealthy activities with long-term consequences for individuals and the community,” the memo said. “The products offered for sale are in many ways indistinguishable from the heavily state-regulated medical and recreational marijuana sales and some establishments have blurred the lines between the two with intentionally confusing signage and advertising.”
Contact reporter Derek Kreider at DKreider@Gannett.comr or 330-541-9413.
This article originally appeared on Akron Beacon Journal: What are the new rules for opening and operating smoke and vape shops in Akron?
Reporting by Derek Kreider, Akron Beacon Journal / Akron Beacon Journal
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