CBD and vape shops are banned for six months by the Hoover council

On Monday night, Hoover City Council members approved a six-month moratorium on issuing new business licenses to CBD and vape shops while city officials determined appropriate regulations.

According to Hoover City Planner Mac Martin, the proliferation of CBD and vape shops in certain commercial districts has affected business.

In addition, Martin said, the city has received complaints about some businesses selling illegal products and selling legal products to minors illegally. Additionally, CBD and vape shops frequently violate city and state regulations, including sign regulations and product types sold in stores, he said.

After a clean-up period, Martin predicted they would be back in violation.

According to Martin, the City Council passed particular rules regarding vape shops in 2019, but there are no similar rules for CBD shops.

Under regulations passed in 2019, vape shops, tobacco stores, pawn shops, and short-term loan shops cannot open within 500 feet of residential areas or within 1,000 feet of a K-12 school, child care facility, church, public library, playground, park, youth center, or other space primarily used for youth activities.

These stores are also only allowed in C-2, C-3, and C-4 commercial zones and require special permission from the city to operate in those zones. Further, they cannot be within 1,000 feet of another store in those categories.

Martin said there are no similar rules for CBD shops, however. Because of this, some CBD stores get their business license as CBD shops but later offer vape products, violating city regulations, but not necessarily in an obvious way due to their business classification.

Martin said there are also cases in which products are being sold illegally. Some products are labeled in such a way that they meet state guidelines for the level of THC in the product. Still, Hoover officials have acquired some of these products and sent them out-of-state to test, which revealed inaccurate labels and THC levels that are illegal in Alabama, he said.

Moreover, the nature of the products makes enforcement difficult because some sit on shelves in legal form. Still, Martin explained that when someone purchases and manipulates the product (such as adding water or setting it on fire), it becomes an illegal substance.

In his view, the state and local levels of regulation need to be well-developed at this point.

Martin emphasized that city officials are committed to thoroughly researching the issue and developing comprehensive regulations. Their goal is to prevent the proliferation of these businesses while ensuring a fair and effective regulatory framework.

According to Police Chief Nick Derzis, city officials and police are committed to helping businesses adhere to the law by understanding what's happening. They are also prepared to adapt to changes in the law to ensure the city's regulations remain effective.

Martin said the moratorium does not apply to existing CBD and vape shops, only to those applying for a new license or changing ownership.

City officials will also examine businesses that sell CBD or vape products as secondary products, such as general merchandise stores, gas stations, or pharmacies, as part of their review.

In a cautious approach, the council deemed it appropriate to halt new licenses while city staff members evaluated the issues to determine whether more regulations were needed. This decision reflects the council's commitment to public safety and responsible governance.

It may turn out that we don't have to do anything else, but we'll find out how to proceed after six months," he said.

Hoover City Council discussed the following items on Monday:

• Accepted Shelby County's donation of a $365,000 rescue vehicle for the Hoover Fire Department.
• Changes in the scope of the work in the Riverchase community resulted in a $13,755 increase in the repair cost of Lake Forest Circle and the dam beneath the road. As of now, the total cost of the repair job is $2,933,867.
• In an agreement with Donohoo Chevrolet, two Chevrolet Tahoe police pursuit vehicles will be purchased for $49548 each. Two other cars were totaled in a highway accident, and the city will be reimbursed $20,529 of the costs, according to Dustin Moore, fleet management director.
• A deal was reached to begin seeking accreditation for the city's emergency communications center. According to 911 Director Linda Moore, the process will likely take two years.
• Alabama Power Co. has approved agreements allowing them to relocate their lines and equipment between U.S. 31 and Riverchase Parkway East and between Caldwell Mill Road and Inverness Center Drive to widen Valleydale Road.
• We have approved alcoholic beverage licenses for Desi Tadka, 1843 Montgomery Highway, Suite 105, and Sushi Village, 601 Doug Baker Blvd., Suites 101 and 102.
• At 5410 U.S. 280, there is an annexed property containing American Family Care and a daycare.
• Public hearings will be held on July 15 to rezone recently annexed properties at 2849 Berkeley Drive, 995 Bridgewater Park Drive, 1523 Highland Gate Point, 2440 Southwood Trace, 2444 Southwood Trace, 2448 Southwood Trace, 2821 Sterling Way, 249 South Burbank Drive, and 250 South Burbank Drive for single-family use. There are existing homes on most of the properties.
• Due to high weed and grass growth, the property at 2152 Larchmont Circle has been declared a public nuisance. Public hearings have been scheduled for July 15 to examine whether liens should be placed against the property to recover costs for cutting the high weeds and grass at 2054 Woodmeadow Circle, 2161 Kelly Lane, 2337 Tyler Road, and 3575 Lorna Ridge Drive.