The Vape and Smoke Retailer Location and Operating Requirements Act establishes a regulatory framework for vape and smoke shops in West Virginia, requiring operators to obtain a license from the Alcohol Beverage Control Commissioner. Applicants must meet specific qualifications, including background checks, and pay an annual fee of $1,200. The bill prohibits using these establishments as residences and outlines penalties for violations, which may include fines and jail time. It also mandates periodic inspections and allows for complaints regarding non-compliance, while emphasizing adherence to local laws and providing an appeals process for disqualified applicants.

Additionally, the bill introduces regulations aimed at protecting minors from vapor products, prohibiting manufacturers from using child-appealing terms and imagery in branding and advertising. It requires vape shops to be located at least 300 feet from schools, churches, or daycare centers, and mandates foreign manufacturers to appoint a service agent in the state. Enforcement mechanisms include fines ranging from $100 to $500 for violations and civil penalties of $100 per day for each non-compliant vapor product sold. The Alcohol Beverage Control Commissioner is responsible for annual reporting on vapor product manufacturers and enforcement activities, ultimately aiming to enhance public health protections and ensure compliance with vapor product regulations.

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
Engrossed 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
Enrolled 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