By Charles Owens
For Bluefield Daily Telegraph
Bluefield — The Bluefield Planning Commission has scheduled a hearing to receive public input regarding a proposed tobacco and vape shop ordinance for the city.
The city released a draft copy of that ordinance earlier this week, which will be considered by the planning commission on Monday, March 23, at 5 p.m. at the city hall board of director’s room, which is located at 200 Rogers Street.
According to the draft ordinance, the city of Bluefield deems it to be in the best interests of the health, safety and welfare of its youth to limit the access and exposure of under-age children to electronic cigarette items and markings by imposing a distance restriction for such retail shops.
The draft ordinance adds that the city wishes to enact a content neutral ordinance that addresses only the secondary effects of vape/smoke shops within the city limits. According to the draft ordinance, violations could constitute a misdemeanor offense.
The planning commission could recommend, reject or suggest changes to the proposed ordinance, according to City Attorney David Kersey.
“Procedurally the planning commission puts it out there and holds the public hearing, and based upon any comments that may be received at the public hearing the planning commission could recommend the city board not adopt it, the board adopt it or make recommendations to the city board to make changes to the proposed ordinances,” Kersey said. “All of those are simply recommendations of the planning commission.”
Kersey said the final decision on whether to accept, reject or modify the proposed ordinance will be made by the full Bluefield Board of Directors after receiving the recommendation of the planning commission.
A number of vape shops have opened across the region in recent years with several of those located in the city limits of Bluefield, W.Va., and the town limits of neighboring Bluefield, Va.
In addition to considering the draft vaping ordinance at the March 23 meeting, the planning commission also will consider several planned unit developments at that meeting, including an application to operate an adult daycare center on Cumberland Road, an application to continue a beauty/aesthetic salon on Bland Street and an application for the operation of a convenience store on Bluefield Avenue selling various sundries and tobacco/vape products.
The city board voted in February to recommend for the Bluefield Planning Commission to review proposed revisions to the city’s zoning ordinance as it relates to vape shops.
Mayor Ron Martin said at that February meeting that he had some concerns with the idea, adding that such an ordinance would have the appearance of being an unwinnable position from the city’s perspective. He suggested an ordinance instead addressing the bright, flashing lights, often seen at many vape shops.
“What defines a vape shop first?,” Martin asked at the earlier city board meeting. “What is it we are looking to accomplish?”
Kersey said a vape shop for the purpose of the proposed ordinance would be a business that devotes 30 percent of its floor space and or display space to vape products.
City Manager Cecil Marson said the primary concern officials have is the number of vape shops that are popping up across the region and the city, along with protecting area youth.
“We aren’t going to shut the ones down that have been opened,” Marson said, adding that those existing stores would be “grandfathered” into the proposed ordinance.
According to the West Virginia Department of Health and Human Resources, vaping can be very addictive to youth.
Tobacco products, including most vapes, contain nicotine, the state agency says. According to the DHHR, it is unsafe for kids, teens and young adults to use vape products. The DHHR adds that nicotine exposure during adolescence can harm the parts of the brain that control attention, learning, mood and impulse control. It adds that youth who use vape products also report symptoms of depression and anxiety.
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