Title
Ordinance amending the Pittsburgh Code, Title Nine - Zoning, Article V, Use Regulations, Chapter 911: Primary Uses, to add Restricted Personal Goods Retail, to add specific requirements and conditional use application requirements.
(Needs to be sent to the Planning Commission for a report and recommendation)
(Needs to be held for a Public Hearing)
Body
WHEREAS, per the Centers for Disease Control, electronic cigarette (“vape”) products often contain harmful substances, including nicotine (which is highly addictive and impairs adolescent brain development), heavy metals, volatile organic compounds, cancer-causing chemicals, and ultra-fine particles that can be inhaled deep into the lungs; and,
WHEREAS, per Johns Hopkins Medicine, exposure to e-cigarette or vapor aerosols, both first-hand and second-hand, has been associated in recent studies with elevated risks of lung disease, high blood pressure, and other adverse health outcomes in both youth and adults; and,
WHEREAS, per a recent review published in Health & Place, vape shops act as nodes in the built environment that increase visibility, accessibility, marketing exposure, and normalization of vaping behavior, especially among minors and socially-vulnerable populations; and,
WHEREAS, per a recent study published in the official journal of the Society for Research on Nicotine and Tobacco, vape shops are disproportionately clustered in urban areas and in neighborhoods with higher poverty rates, minority populations, and lower education levels, potentially exacerbating existing health disparities; and,
WHEREAS, the proximity of vape shops to child-centric uses such as schools, playgrounds, daycare centers, religious institutions, and places where children gather increases the likelihood of youth exposure, initiation, and experimentation with vaping; and,
WHEREAS, reducing retail density and increasing minimum separation distances between vape shops and between vape shops and child-centric uses is a critical tool by which the City of Pittsburgh can mitigate youth initiation to vaping, limit marketing exposure, and slow proliferation of vape shops while preserving commercial opportunity and fairness; and,
WHEREAS, the public interest in preventing youth nicotine addiction, shielding minors from persuasive advertising or indoor aerosol exposure, and ensuring that retail environments do not contribute disproportionately to health inequities justifies this proposed zoning ordinance under the City of Pittsburgh’s powers to promote the health, safety, and general welfare of the community.
NOW, THEREFORE, the Council of the City of Pittsburgh ordains as follows:
Section 1. The Pittsburgh Zoning Code, Title Nine: Zoning, Article V: Use Regulations, Chapter 911: Primary Uses, 911.02 - Use Table is hereby amended as follows:
Restricted Personal Goods Retail means a retail establishment, not including a licensed medical marijuana dispensary, in which any of the following objective criteria are met:
1. Floor Area Test
(a) Greater than or equal to 15% of the total gross floor area is dedicated to onsite display or sale of:
i. electronic nicotine delivery systems (vapes, ecigarettes, eliquids),
ii. CBD, which shall mean any product, whether for ingestion, inhalation, topical application, or other use, including but not limited to oils, tinctures, edibles, vaporizable liquids, creams, or capsules, regardless of whether such products require a prescription or medical marijuana licensure under state law, containing or claiming to contain cannabidiol (CBD) or any compound derived from hemp or cannabis plants, including, without limitation, kratom, Delta-8 THC, Delta-10 THC, HHC, THCP, THCVCBG, CBN, other non-THC cannabinoids,
iii. smoking-related accessories (i-iii, collectively, the “Products”).
(b) Such measurement shall be conducted in the aggregate, regardless of how products are distributed or dispersed throughout the premises. These criteria apply to the entire premises, regardless of any sublease, concession, or shared-space arrangement. These thresholds apply irrespective of the business’s asserted primary use or purpose.
2. Shelf Space Test
(a) Greater than or equal to 10 linear feet of shelf space or greater than or equal to 2 display fixtures/cabinets are dedicated to such Products. Such measurement shall be conducted in the aggregate, regardless of how products are distributed or dispersed throughout the premises. These criteria apply to the entire premises, regardless of any sublease, concession, or shared-space arrangement. These thresholds apply irrespective of the business’s asserted primary use or purpose.
3. Signage/Branding Test
(a) Exterior or interior signage or branding comprises greater than or equal to 25% of visible display area referencing Products or Product brands.
4. Business Self-Identification Test
(a) The business name or trade name contains terms like “vape,” “smoke,” “CBD,” or “tobacco,” or the business license lists it as a “vape shop,” “smoke shop,” “CBD shop”, or similar.
5. Functional Character Test
(a) A business whose principal retail activity, based on product inventory, display, and marketing, is the sale of Products, regardless of its name, signage, or business license classification.
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Section 2. The Pittsburgh Zoning Code, Title Nine, Article V: Use Regulations, Chapter 911 - Primary Uses, 911.04: Use Standards is hereby amended to include a new Section 911.04.A.101: Restricted Personal Goods Retail as follows:
911.04.A.101 Restricted Personal Goods Retail
Restricted Personal Goods Retail uses shall be subject to the following standards:
(a) Separation Requirements:
(1) Restricted Personal Goods Retail shall not be located within 1,500 feet of:
i. Any elementary or secondary school;
ii. Any licensed daycare facility;
iii. Any religious institution;
iv. Any public park or playground; or,
v. Another Restricted Personal Goods Retail use.
(2) Distances measured from parcel line to parcel line.
(b) Hours of Operation:
(1) Restricted Personal Goods Retail shall not operate between the hours of 11:00 p.m. and 9:00 a.m.
(c) Security and Display Requirements:
(1) All Products in Restricted Personal Goods Retail must be kept behind a counter or in locked display cases.
(2) No self-service sales shall be permitted.