The Greenwich Planing & Zoning commission will soon have a hearing as they consider a text amendment to their regulations that would both define smoke shops and regulate their locations through minimum distance restrictions.
A draft of the definition says, smoke shop…”shall mean any retail establishment in which twenty percent (20%) or more of the gross floor area or sales display area is used for the display, sale, or distribution of: tobacco products; nicotine products including but not limited to: e-cigarettes, electronic nicotine delivery systems (ENDS), nicotine pouches, or vaporizers; smoking accessories; or any combination of the above.”
The key to the amendment would be that no smoke shop would be located within 1,000 feet of any other smoke shop, and no smoke shop would be located within 3,000 feet of a public or private school, religious institution or hospital.
Measurement Method
All distance requirements shall be measured in a straight line from the closest point of the property proposed to be occupied by a Smoke Shop to the closest point of any property or lot line containing the identified use.
Existing Smoke Shops Would be Exempt
The draft language includes a provision to exempt existing smoke shops, noting that those lawfully operating at the time of adoption they “shall be deemed a legally nonconforming use and may continue to operation” subject to Greenwich building zone regulations and CT General Statutes.
The draft language says the relocation or expansion of a smoke shop would require full compliance with the new regulations.
In recent years there has been a proliferation of smoke shops in Greenwich, and there have been compliance issues with some smoke shops.
Local police have worked with the state Dept of Mental Health, Addiction Services and the Tobacco Prevention and Enforcement Program to conduct unannounced compliance and cracked down on shops that sell to under age individuals.
In 2023, Greenwich Police and drug control agents from the CT Dept of Consumer Protection, conducted unscheduled inspections at four local smoke shops and investigators immediately identified products in plain view on the shelves that were known to be illicit and not legal for sale in Connecticut.
The smoke shop text amendment has yet to be scheduled on a P&Z commission agenda.
In something of a converse situation, Greenwich liquor stores (“package stores”) were subject to distance restrictions in Greenwich for decades.
About a decade ago Greenwich Planning & Zoning removed the distance restrictions on liquor stores and restaurants, though the changes were incremental.
First, in 2014 P&Z struck down the restriction that Greenwich liquor stores be 1,000 ft apart that had been on the books since 1940.
What is unique to package stores versus smoke shops, is the State of Connecticut caps the number of package stores in every municipality by allowing one permit for every 2,500 residents, based on the most recent U.S. Census data.
Later, in 2016, Greenwich P&Z removed remaining distance restrictions for restaurants in various business zones.
As a result of the relief from separation requirements, supermarkets were able to open their own wine and spirits stores, starting with Kings Market, and new restaurants were able to open closer to each other.
See also:
1,000 Ft Separation Rule for Package Stores Consigned to History
Sept 24, 2014