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, mandating that no public entrance is located within 5,280 feet of such establishments. The bill also sets forth specific aesthetic and content guidelines for signage to prevent appeal to minors, including prohibitions on displaying merchandise in a manner visible from public areas.
The bill outlines the responsibilities of the county health department, which will process permit applications, conduct inspections, and enforce compliance with the new regulations. It establishes a clear application process for permits, with fines ranging from $100 to $500 for violations. Additionally, it provides a framework for appeals against decisions made by the health department, allowing individuals to file appeals within 30 days, subject to public notice and hearings. The legislation aims to protect public health and safety while ensuring that vape and smoke shops adhere to established standards, particularly in safeguarding minors from targeted advertising.
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