Winchester tightening vaping rules
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On the heels of Tullahoma tightening their vaping ordinances, Winchester has also strengthened its rules when it comes to sales of vapes and THC products.
In coinciding with new state laws regulating establishments that sell vaping products, the Winchester City Council is amending its zoning ordinance to strengthen rules.
A key change is that only one vaping shop will be allowed per 5,000 residents, which means that only two would be allowed with the city’s population at 10,251, according to the 2024 census.
Existing establishments that sell vaping products will be grandfathered in, but if they cease operation under current business ownership, they shall not be permitted to sell vaping products if they reconvene their operation.
No additional establishments will be allowed to sell vaping products unless the total number of shops in operation at the time is below the maximum allowed.
The City Council unanimously approved the first of two ordinance readings at its Sept. 9 meeting with the second reading and vote scheduled to take place on Oct. 14 at 5 p.m. at City Hall.
Establishments affected include those that sell smoking items and vaping products and head shops that stock and sell tobacco, vaping products, edibles, concentrates, cannabis, cannabidiol oil, kratom and similar materials and accessories.
Specialty shops are defined in the ordinance as any retail establishment that has more than 25 percent of the customer sales floor area dedicated to stocking and selling the products.
The specialty shops cannot be located within a minimum of 2,640 feet from another specialty shop to prevent the collective location of them in one area or along one street.
The ordinance also specifies that the specialty shops will not be located within 500 feet of a public or private school, daycare or public park.
The changes in state law now require more strict identity checks for customers.
If a customer looks to be under age 50, clerks must check their identifications.
The law went into effect on July 1. The previous law required identity checks for persons who appeared to younger than age 30.
State law says that failure to card a 25-, 35- or even potentially a 45-year-old undercover officer is a violation.
A photo ID is mandatory unless the customer is exempt under state law from having photo identification.
According to the new law, Tennessee imposed a new 10 percent tax on the wholesale cost of all vaping products.
Retailers are still required to charge sales tax.
Advocates for the more stringent requirements have said the intent is to push up the cost and slow sales of the affected products while generating more revenue for the state.
The new law mandates at least two unannounced compliance checks each year for vaping products. Follow-up checks are required by law within 30 days of all violations.
Fees and penalties from compliance checks must be used for future enforcement of the tobacco and vape laws, according to state law.
