The proposed "Vape and Smoke Shop Location and Operating Requirements Act" in West Virginia establishes a regulatory framework for the operation of vape and smoke shops. Key provisions include restrictions on the proximity of these shops to schools, daycare facilities, parks, and other public spaces, ensuring that no public entrance is located within 5,280 feet of such establishments. The bill also mandates that advertising must be safe and not appeal to minors, with strict guidelines on signage to maintain community standards. The county health department is designated as the authority responsible for administering these regulations, including processing permit applications, conducting inspections, and enforcing compliance.

The legislation outlines the application process for permits, requiring responsible individuals to attest to the accuracy of their applications, and mandates that the county health department grant or deny permits within 10 working days. It also establishes a structured appeals process for individuals aggrieved by decisions made by the health department, allowing appeals to be filed within 30 days and including provisions for public notification and hearings. The bill emphasizes public health and safety, particularly concerning youth exposure to vaping products, and includes penalties for non-compliance, with fines ranging from $100 to $500. Overall, the act aims to ensure that vape and smoke shops operate within established safety standards while providing a clear framework for enforcement and appeals.

Statutes affected:
Introduced Version: 16-9H-1, 16-9H-2, 16-9H-3, 16-9H-4, 16-9H-5, 16-9H-6, 16-9H-7, 16-9H-8, 16-9H-9, 16-9H-10