Vape Shop Restrictions Proposed In Abington

ABINGTON TOWNSHIP, PA —The Abington Township Board of Commissioners is expected to vote on an ordinance Thursday that will establish restrictions on vape stores operating in the township.

At its meeting last month, commissioners approved advertising an ordinance that establishes hours of operation and prohibits any business establishment that sells tobacco, tobacco products, and/or vaping products from being too close to one another. Parking spots must also be provided.

"This ordinance exceeds our expectations," Commissioners Vice President Matthew Vaney said at the recent board meeting. "These businesses will be less intrusive."

The ordinance states that all Tobacco, Smoke, or Vape Shops shall conform to the following standards:

• Each tobacco store, smoke shop or vape shop shall be located no closer than 1,000 feet from any other tobacco store, smoke shop or vape shop.
• There shall be one off-street parking space required for each 150 feet of gross floor area or fraction thereof.
• Hours of operation shall be limited to 10 a.m. until 8 p.m.

"This is something that folks have been coming to us for a while about," Ward 11 Commissioner John Spiegelman said. "People have had major complaints. This is responsive collective action."

Some commissioners were worried about vape shops being too close to schools. They were told that the ordinance could be amended to incorporate that they are a certain distance from schools as well.

The ordinance applies to a retail sales or wholesale establishment which maintains 20 percent or more of its total merchandise as tobacco and/or tobacco products and/or vaping products shall be considered a tobacco store/smoke shop for the purposes of the ordinance chapter.

A retail or wholesale establishment which holds itself out as a “tobacco store,” a “smoke shop,” a “vape shop” or a similar establishment, shall also be considered a tobacco store, smoke shop or vape shop for the purposes of this chapter.

Examples of vaping products referred to in this chapter include, without limitation, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes and any other electronic nicotine delivery system (“ENDS”). ENDS shall be deemed noncombustible tobacco products.

Tobacco products as referred to in this chapter shall include, without limitation, matches, lighters, hookahs, pipes, chewing tobacco, cigarette rolling machines, ashtrays, pipe tools, pipe supplies and pipe accessories.

For the purposes of this chapter, cannabidiol products, also known as “CBD” topical or non-smoke/nonvapor products, shall be excluded when counting the total merchandise of such a retail sales or wholesale establishment.

This definition shall not include medical marijuana dispensaries, as that term is defined and regulated by the provisions of this Chapter 162.