Lansdowne floats new zoning restrictions for smoke shops

Lansdowne officials recently took their first step toward enacting an ordinance that they hope will serve as a check to the rapid rise of smoke shops in Delaware County and curb e-cigarette use among local youth.

Jessica Pointer, chair of the borough council’s public health and safety committee, said during a Dec. 10 public meeting that she got the idea to regulate smoke shops at a June symposium held by the Delaware County Tobacco and Vape-Free Coalition.

“The meeting was alarming in terms of the information provided, but I wasn’t naïve to the fact that when [you] drive through Delaware County, you see these smoke shops everywhere,” she said.

The American Heart Association’s Jake Zychick — who gave a presentation on the rise of smoke shops and vape/e-cigarette use among young people — said Pointer’s observation is not off base.

“Your eyes are not deceiving you; there has been a significant rise in the last 4-5 years of these shops,” he said. Generally, smoke shops sell tobacco and smoking accessories, such as glass pipes, bongs, rolling papers and vapes (also known as e-cigarettes).

Zychick said the number of smoke shops in Delaware County nearly doubled between 2018 and 2024, going from 280 to 596 and rising at a rate that exceeds population growth. And the issue has not plateaued, as “we’re still seeing a significant increase” in the number of smoke shops.

Pointer said it is especially concerning that the high concentration of smoke shops in the northeastern part of the county — near Upper Darby and close to Philadelphia — indicates that the retailers are “targeting children of color.” Indeed, not only have vapes/e-cigarettes evolved to create packaging, flavorings and marketing that target young people, both smoke shops and illegal sales of tobacco products are higher in areas close to schools, Zychick said.

Depending on the age range, anywhere from 20-40% of middle-to-high-school-age youth in Delaware County have tried vapes/e-cigarettes, according to the 2023 Pennsylvania Youth Survey. While there has been a recent decrease in usage, that number is still “way too high,” Zychick said, citing the fact that nicotine can harm developing adolescent brains.

Plus, “there’s quite a bit of information and research out there about how these flavored products hook youth… to begin to smoke and use these products and be addicted to them for a lifetime,” he said.

However, relative to other northeastern states Pennsylvania significantly limits the actions that its municipalities can take to limit the proliferation of smoke shops and youth access to vapes/e-cigarettes, Zychick said. For example, they cannot increase tobacco taxes, restrict the sale of menthol cigarettes and products, or enact stricter tobacco retailer licensure. However, municipalities can fight back via zoning restrictions for new smoke shops.

Haverford, Folcroft, and Upper Darby are all working on their own zoning-related restrictions on smoke shops, according to Zychick. And with the Dec. 10 meeting, Lansdowne is starting a process that Pointer and other stakeholders hope will result in the borough passing its own ordinance.

Michael Jozwiak, director of zoning and code enforcement, explained that under Lansdowne’s proposed ordinance, smoke shops and tobacco-focused stores will still be allowed in four commercial districts in Lansdowne. But anyone hoping to open a new store in the borough (there are currently two) will now have to attend a special exception hearing in front of the zoning board and certify they meet certain requirements, such as:

·      Being located no closer than 1,000 feet from places where children regularly gather, like schools, daycares and parks.

·      Being no more than 1,000 feet from another smoke shop or tobacco store

·      Ensuring no one enters the store who is younger than 18 (unless accompanied by a parent/guardian)

·      Prohibiting self-service displays, free samples and smoking on premises

“This ordinance lets adults buy what they want, keeps these stores in appropriate commercial areas, and puts real safeguards around our children and our neighborhoods,” Jozwiak said.

Police Chief Kenneth Rutherford called the draft ordinance “a great step,” noting that it will limit the number of smoke shop locations and help keep children out of those stores.

The next step in advancing the ordinance is to send it to the local and county planning commissions to solicit feedback, followed by a public meeting — currently slated for early January — at which the borough council must vote to advertise the draft regulations, Pointer said. Then, in a subsequent meeting, the council can vote on the ordinance’s passage.