Johns Creek Limits Space For Vape Products In Stores

JOHNS CREEK, GA — The City of Johns Creek is cracking down on vape products in its city stores.

At a July 22 meeting, the Johns Creek City Council approved an amendment to the city's zoning ordinance that defines Community Business Districts to add definitions and limit the floor area dedicated to sale or advertisement of vape or vape-related products to no more than 25 percent.

Interim Johns Creek Community Development Director Kimberly Greer said the Planning Commission unanimously approved the council-initiated amendment to the zoning ordinance, and that staff also was recommending approval or the amendment.

Electronic cigarettes (e-cigarettes) are battery-operated devices that vaporize flavored liquid which typically contains nicotine, Greer said.

"Stores specializing in the sale of e-cigarettes and related products are commonly referred to as vape shops," she said. "Based on existing regulations, vape shops are considered 'retail stores or shops,' which is a permitted use in Community Business Districts (C-1 and C-2). Responding to a growth in the number of vape shops in Johns Creek, council discussed possible regulations during Work Sessions on April 22, May 6, and May 20. At the June 3 council meeting, council initiated a text amendment to the zoning ordinance. The amendment proposes 1. adding definitions and 2. setting a maximum percentage threshold for the sale or advertisement for sale of vape or vape-related products in C1 and C2 zoning districts."

Three definitions were proposed to define “vape shop,” “vape or vape juice” and “vape-related products:"

• Vape Shop: Any business whose principal product line for retail sale is vape, vape-related products, or both. Principal means that vape, vape-related products, or both constitute at least 25 percent of the aggregate retail sales of the business.
• Vape or Vape Juice: Any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product.
• Vape-related Products: Any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine, synthetics, or illegal substances to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe.

"A maximum percentage threshold of 25 percent would be added to C-1 and C-2 Zoning Districts to ensure that no more than 25 percent of the floor area of a business premise could be devoted to the sale or advertisement for sale of vape or vape-related products," Greer said.

The ordinance states although state law bans e-cigarette sales to anyone under 18, vaping has become popular among teenagers.

"The Mayor and Council of the City of Johns Creek, Georgia are charged with preserving the health, safety and welfare of the citizens of the city," the ordinance reads. "The city desires to amend the Code of Ordinances Appendix A – Zoning to add definitions and restrict the sale of vape and vape-related products to an accessory use in community business districts."