MORGANTOWN — An ordinance barring any new tobacco and vape shops from downtown Morgantown may be on the horizon. 

During a Jan. 11 work session, the Morgantown Planning Commission got a look at a proposed ordinance that  would amend the city’s zoning code to define the  “smoke shop/tobacco store” use and limit such uses to B-5 districts (shopping center) by right and B-2 (service business) by conditional use, meaning it would require the review and approval of the Morgantown Board of Zoning Appeals. 

The city’s downtown is zoned B-4 (general business). 

Under the proposed ordinance, “smoke shop/tobacco store” would be defined as: Any premises that engages in the display, sale, distribution, delivery, offering, furnishing or marketing of electronic smoking devices, electronic smoking liquid, tobacco, tobacco products or tobacco paraphernalia. 

The proposed ordinance also defines “electronic smoking device” as: Any electronic product that delivers nicotine or other substances to the person inhaling from the device … 

In its current form, the law differentiates between a smoke shop and grocery stores, supermarkets, convenience stores, drug stores (not including cannabis dispensaries) or similar retail that carries conventional tobacco items as ancillary sales. 

Danielle Trumble represents Morgantown City Council on the city’s planning commission. 

“I don’t think it is a secret to anyone that downtown seems to be inundated. In order to really maximize the number and types of people who are coming downtown, we need various types of businesses; diverse small businesses to attract a diverse group of people,” she said.  “Right now, it seems like every open storefront becomes a vape shop and we’re really losing the ability to draw that  wide range of visitors downtown.” 

Trumble said the move would be similar to a zoning change adopted last August limiting “firearms retail establishments” to the same B-5 and B-2 districts. 

“It’s not about saying we don’t want these things or we can’t have these things, it’s about saying where it’s appropriate for more to go,” she said. “We have plenty downtown.” 

It’s unclear when or if the ordinance will make its way before Morgantown City Council in its current form. 

If ultimately passed, the change would not impact existing businesses.