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Acworth, GA Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

C-2 district
Special use permit required
All other base districts
Not permitted (R-1 through HI except C-2)
Mixed-Use (MU) district
Prohibited outright
Character Overlay District (COD)
Prohibited regardless of underlying zoning
Approval authority
Mayor and board of aldermen (special use)

Summary

Acworth's Zoning Ordinance treats vape and smoke shops as a limited commercial use: Table 73-4.4 allows them only through a special use permit in the C-2 district, while the Mixed-Use and Character Overlay Districts ban them outright regardless of what the underlying zoning would otherwise permit.

smoke shops (incl. CBD, Delta-8) — — — — — — — S — — — ... D.Prohibited Uses.1.Adult entertainment;2.Eating and drinking establishments with a drive-thru;3.Smoke shops including CBD, Delta-8;4.Stand-alone telecommunications towers;5.Surface parking lots. ... 2.Prohibited Uses. The following uses are prohibited in the COD, regardless of whether the underlying zoning district allows the use:a.Animal Boarding.b.All "other financial services (check cashing, pawnshop, other)".c.Equipment and material storage.d.Extended stay lodging.e.Mobile food vendors (defined herein as soliciting to the general public).f.Tattoo parlors.g.Vape shop or smoke store.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

4, the citywide Use Table, lists 'smoke shops (incl. CBD, Delta-8)' with an 'S' rating, meaning special use permit approval from the mayor and board of aldermen, only in the C-2 community retail commercial district; every other zoning district, including R-1 through RM-8, C-1, OP, LI and HI, shows a dash, so the use is not permitted there at all. Two of Acworth's special-purpose districts go further and prohibit the use outright. 2(D), the Mixed-Use (MU) district's list of prohibited uses names 'smoke shops including CBD, Delta-8' alongside adult entertainment, drive-thru restaurants, stand-alone telecommunications towers and surface parking lots.

1(A)(2), the Character Overlay District (COD) prohibits a 'vape shop or smoke store' regardless of whether the underlying zoning district would otherwise allow it, in the same list as tattoo parlors, extended stay lodging, pawn and check-cashing shops, and vehicle repair. The COD applies along the identified corridor to any work visible from the street or from adjacent required open space, so a vape retailer cannot locate along that corridor even where the base zoning would normally allow retail sales.

Violations & Fines

Operating a smoke or vape shop without the required special use permit in C-2, or opening one in the MU or COD districts where it is expressly prohibited, is a zoning violation; § 73-4.1(C) treats any use not affirmatively listed as permitted in Table 73-4.4 as expressly prohibited, and the city can deny or revoke the certificate of occupancy for a noncompliant location.

Frequently Asked Questions

Where can a vape shop legally open in Acworth?
Table 73-4.4 allows a smoke or vape shop only in the C-2 community retail commercial district, and only with a special use permit from the mayor and board of aldermen; every other zoning district, including C-1, OP and the industrial districts, does not permit the use at all.
Can a vape shop open in Acworth's Mixed-Use or Character Overlay Districts?
No. Section 73-6.1.2(D) lists smoke shops including CBD and Delta-8 as a prohibited use in the Mixed-Use district, and § 73-6.2.1(A)(2) prohibits a vape shop or smoke store in the Character Overlay District regardless of what the underlying zoning would otherwise allow.
Does a smoke shop need a special permit even in a zone that allows it?
Yes. The only base district that lists the use at all, C-2, marks it with an 'S' in Table 73-4.4, meaning special use permit approval from the mayor and board of aldermen is required before the shop can open, not just a standard business license.

Sources & Official References

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