The proposed "Vape and Smoke Shop Location and Operating Requirements Act" aims to regulate the establishment and operation of vape and smoke shops in West Virginia. 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 mandates that all advertising must be safe and not appeal to minors, and it establishes standards for inspections, fines for violations, and an appeals process. Additionally, it defines terms related to the operation of these shops and requires that permit applications be completed by a designated responsible person, with the county health department responsible for administering and enforcing the provisions.

The bill outlines specific duties for the county health department, including processing permit applications within 10 working days, conducting compliance investigations, and enforcing regulations. Fines for non-compliance range from $100 to $500, and the health department can take enforcement actions such as ordering the discontinuation of illegal activities. An appeals process is established for individuals aggrieved by health department decisions, requiring appeals to be filed within 30 days and including provisions for notifying nearby landowners and conducting public hearings. The legislation emphasizes public health and safety, particularly regarding youth exposure to vaping products, while allowing for the possibility of waiving certain requirements if alternative proposals can meet regulatory goals.

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