The "Vape and Smoke Retailer Location and Operating Requirements Act" introduces a new regulatory framework for vape and smoke shops in West Virginia, requiring all retailers to obtain a license from the Alcohol Beverage Control Commissioner. The bill outlines specific qualifications for applicants, including background checks and adherence to local laws, and establishes penalties for operating without a license. It also sets annual licensing fees starting at $1,200, which will be allocated to state funds, and enforces land use regulations to ensure compliance with zoning laws. The legislation emphasizes public health and safety by regulating the sale of tobacco-derived and alternative nicotine products, creating a product directory, and prohibiting certain items.

Additionally, the bill imposes restrictions on the location of vape and smoke shops, mandating that no public entrance can be within 300 feet of sensitive locations such as schools and parks. It outlines strict guidelines for signage, prohibiting the display of merchandise or marijuana imagery, and limits each shop to one sign. Manufacturers of vapor products are required to submit annual certifications and maintain compliance with federal regulations, while a directory of certified products will be managed by state authorities. The bill also includes penalties for violations, such as fines and potential suspension of operations, aiming to enhance oversight and protect public health, particularly for minors.

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, 16-9H-11, 16-9H-12, 16-9H-13, 16-9H-14
Committee Substitute: 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, 16-9H-11, 16-9H-12, 16-9H-13, 16-9H-14, 16-9H-15, 16-9H-16, 16-9H-17, 16-9H-18, 16-9H-19, 16-9H-20, 16-9H-21