Alexandria is tightening its liquor, vape and tobacco stores laws.
The Alexandria Planning and Zoning Commission discussed things such as the distance requirements from schools and daycares and the distance between stores to avoid too many locations popping up in one spot. Campbell County Planning and Zoning Administrator Cindy Minter has looked to other cities as an example and consulted with the Alexandria City Attorney Mike Duncan for the new regulations.
“I think it’s important too to realize that even though this is new wording we’re putting in, it’s not a new concept,” said Alexandria Planning and Zoning Commissioner Michele Nelson. “This is what many cities are doing when it comes to vape stores, standing liquor stores.”
Minter said things have already become stricter at the state level. As of Jan. 1, vape stores must sell FDA-approved products. In April 2024, the Kentucky Legislature passed House Bill 11, which mandates that all smokeless nicotine products sold in the state must have FDA approval.
As of Jan. 1, it is unlawful to sell any vapor products not listed in the state’s directory, which includes only those with FDA approval or pending applications.
“I’ve already had two vape stores in Campbell County that have dramatically scaled back or closed up shop,” Minter said. “So that is having an influence there.”
To be classified as a tobacco or electronic smoke retailer, the stores must sell at least 85% of tobacco products.
The commission discussed including language in its laws that tobacco retailers and electronic smoking retailers could not be located within 1,000 feet of any school, daycare center, public park, playground, or religious assembly facility (property line to property line.) Regulations for liquor and wine stores would be 500 feet. However, someone could ask for a variance on these requirements through the board of adjustments.
Alexandria Planning and Zoning Commissioner Randy Nehus disagreed with the 1,000-foot-from-the-property line rule due to the size of schools like St. Mary’s School, whose property is 55 acres. The commission discussed sites like the vacant PNC bank off U.S. 27, which an interested party can not develop into a smoke shop or liquor store without receiving a variance because its property is next to St. Mary’s School.
Minter said they don’t see underage alcohol sales as much as when the zoning ordinance was written; however, they are still witnessing underage issues with vape sales.
“It is still a serious problem in our middle schools,” Minter said.
Minter said there have been vape stores near the Campbell County Middle School in the past (that have since left), and Alexandria has been close to getting another one in that spot within the last year.
“We had a problem in the middle school, and we had the vape store that went out of business. The vape store wasn’t selling that much; they (students) had to go someplace else to get their vape,” Nehus said. “So being close or father away doesn’t make a difference, in my opinion.”
Minter also said they chose the 1,000-foot requirement based on the state’s regulations of 1,000 feet from a school or daycare for medical marijuana dispensaries in the chance that recreational marijuana becomes legal and vape stores can sell it.
“When you get over 600 feet, people will start making decisions, ‘I may not want to walk that far,’” Minter said. “That’s a proven number that’s out there. The 1,000 feet is saying, ‘You know what? I really don’t want you here,’ and it is an honest statement.”
Alexandria Planning and Zoning Commission Chair Nick Reitman said that vacant sites like the PNC Bank site could still be developed into smoke shops because the board of adjustments could grant a variance.
“We’re not telling them no right off the bat,” Reitman said. “They’re coming to us to say, ‘Hey, we might agree on it, we might not agree on it.’”
Should a new building be built for a smoke/liquor shop, the planning and zoning commission can assume the role of the board of adjustments and grant a variance.
Under the proposed rules, shops cannot have drive-through or drive-up windows. Existing shops are grandfathered in from the new changes.
The stores also cannot be located within 600 feet of another tobacco/liquor retailer.
“We’ve learned that vape stores when they’re one right on top of each other, they get very competitive, and eventually, one starts to do something stupid,” Minter said. “So, by not allowing them one on top of each other, they don’t get overly competitive.”
Minter also gave the commission an option to make smoke shops and liquor stores conditional uses, which would require a public meeting for each application, but the commission said it didn’t feel that was necessary.
The permitted uses of the shops are highway commercial (land along a major highway) and neighborhood shopping centers (such as Village Green Shopping Center.)
The Alexandria City Council placed a six-month moratorium, effective Nov. 7, 2024, on the acceptance of licenses or permits for any business that sells vape, cannabis and alcoholic beverage products. They did this to give them time to discuss its laws and make any necessary changes.
The commission did not officially vote on any of these changes. That will occur at a future meeting.
