ELKINS — The Randolph County Commission introduced an ordinance restricting future vape and smoke shops in the county this week.

During Thursday afternoon’s meeting, Commission President David Kesling asked Randolph County Prosecuting Attorney Michael Parker to explain what the county needed to do to enact such an ordinance.

“So essentially, there are a number of steps that the commission has to take to pass an ordinance,” Parker said. “The first one is today and the first introduction of the ordinance and the reading of the ordinance by title. The ordinance is the Randolph County Vape/Smoke Shop Location and Operation Requirements Ordinance, which essentially does exactly or proposes to do, if the commission chooses to adopt that and enact that, it does exactly what the title says.”

Parker said that, after research, he believes the ordinance is perfectly legal.

“My office conducted some research with regard to the constitutionality of such ordinances, specifically looking at regulating commercial speech, because there are some things in there in regard to limiting the lights and the signs and that sort of thing,” Parker said. “And also constitutional issues, with regard to the commerce clause in regulating a business.

“I think from reviewing all of our research, I think what the county is considering proposing is something that would not run afoul of either of those provisions of both the United States Constitution and West Virginia Constitution. So, I believe we are good as it relates to those specific issues.”

Parker said the next step for the County Commission is to hold a public hearing about the ordinance.

“After the initial reading today, if the commission would move to approve the initial reading and proceed, we would need to then conduct a public hearing and then conduct additional readings,” Parker said.

“We would need to publish and allow the public the opportunity to have their voices heard at the public hearing. And then the Commission could potentially amend or modify the body of the ordinance based upon the input from the public hearing if the Commission so desired, or felt that some of the input received from the public was good and should be enacted.”

Kesling said the commission was posting the ordinance on its website so that the public is made aware of everything it contains.

“Today will be the introduction and the reading of the ordinance,” Kesling said. “We are going to put it on our website and our Facebook page so that it is out there. We will also have it posted at the courthouse and the Cain Annex.”

Kesling said he was at a recent statewide county commissioners meeting where he learned that other counties are also having issues with vape shops, and creating their own ordinances. 

“This ordinance would be outside the city limits of Elkins, unless they choose to adopt it as well,” Kesling said. “The ordinance says that no vape shops can open within a mile of schools and churches. We also have something in there about the signage they use, where they can’t have a big marijuana leaf in your front window… The ordinance would not affect any of the vape shops that are already established.”

Kesling asked Randolph County Sheriff Rob Elbon to speak about the issues the county has had with vape and smoke shops.

“We have pending cases against them now with the federal government and that’s in its process,” Elbon said. “But if you notice the shops are in near proximity to schools – Midland School, Elkins High. That’s not by chance, and the one on Harrison Avenue is just right up from the Elkins Middle School. Those kids walk right up the sidewalk beside it after school and go in there and buy. We’ve made underage buys there, and they are targeting our kids. So this will stop anyone else from coming in and positioning themselves within proximity to a school or church.”

Kesling said the ordinance wouldn’t restrict vape shops from coming into the county, it would just limit where they can set up and advertise products. Kesling and fellow Commissioner Chris See approved a motion to proceed with the public hearing, which will be Sept. 18, the day of the next county commission meeting.

A final vote on the ordinance will take place during the commission’s second meeting in October.