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Caldwell, ID Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Buffer distance
300 feet from church, daycare, or school
Measurement method
Straight line, property line to property line
Hours near residential/school
8:00 a.m. to 9:00 p.m. only
Waiver process
Special Use Permit from City Council
Grandfather clause
Pre-buffer licensed shops are exempt
Outside events
Prohibited except permitted temporary uses
Adopted
Ordinance 3670, April 21, 2025

Summary

Caldwell zoning bars a tobacco or vape shop from locating within 300 feet of a church, daycare, or school under City Code § 10-12-03-35, measured property line to property line, unless the City Council grants a special use permit waiver before a building permit issues. Shops near residential districts, houses of worship, or schools must also limit hours to 8:00 a.m. through 9:00 p.m.

(1) A Tobacco and Vape Shop, or similar, business shall not be located within three hundred (300) feet of a property used for a church, daycare, or education service, measured in a straight line from property line to property line of the church, daycare, or education service, unless otherwise determined through the granting of a Special Use Permit from City Council. Applicants must receive waiver authorization prior to submittal of a building permit. This limitation shall not apply to any duly licensed premises that at the time of this standard's approval did not come within the restricted area. ... (3) Hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m. when adjacent to any residential district or use, place of worship, or education service. Modification of these hours may be approved through the special use permit process.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 Code: Local legislation current through Ordinance 3747, passed 3-16-2026).

Full Breakdown

Caldwell City Code § 10-12-03-35 treats tobacco and vape shops as a specific use subject to its own zoning standards inside Chapter 10, Article 12. A tobacco or vape shop cannot locate within 300 feet of a church, daycare, or education service, with the distance measured in a straight line from property line to property line. The only way around the buffer is a Special Use Permit issued by the City Council, and an applicant must obtain that waiver before submitting a building permit application; a shop that was already duly licensed before the buffer took effect does not have to move.

The section also bans outside activity or events at a tobacco or vape shop entirely, except for temporary uses separately permitted under the same article. or opening earlier needs a special use permit modification. The Caldwell City Council adopted the current text through Ordinance 3670 on April 21, 2025. Enforcement of every Chapter 10 standard, including this one, runs through City Code § 10-03-10, administered by the Planning Director or a code compliance officer, who can inspect property, issue a notice of violation, and pursue an administrative citation once a reasonable correction period has passed.

The buffer and hours rule sit inside the zoning code rather than the business-license schedule, so a shop's Caldwell business license is separate from this location-and-hours standard.

Violations & Fines

A tobacco or vape shop that operates inside the 300-foot buffer without a City Council waiver, that stays open outside its 8:00 a.m. to 9:00 p.m. window near a residence, church, or school, or that hosts an outside event violates City Code § 10-12-03-35. Enforcement follows § 10-03-10: the Planning Director or a code compliance officer serves a notice of violation, and continued noncompliance brings a citation, fine, or imprisonment up to the limits in Idaho Code § 50-302, with each day counted as a separate violation.

Frequently Asked Questions

How far must a vape shop be from a school in Caldwell?
City Code § 10-12-03-35 requires 300 feet, measured in a straight line from the shop's property line to the property line of the church, daycare, or education service. The City Council can waive the buffer through a Special Use Permit, but the applicant must secure that waiver before filing for a building permit.
Can an existing Caldwell vape shop be forced to move under the 300-foot rule?
No. Section 10-12-03-35 exempts any duly licensed premises that already sat inside the restricted area when the standard was approved, so a shop operating before the buffer took effect keeps its location.
What hours can a Caldwell tobacco or vape shop stay open?
Next to a residential district, a place of worship, or a school, hours run 8:00 a.m. to 9:00 p.m. under § 10-12-03-35. A shop can seek a special use permit modification to extend those hours.
What happens if a Caldwell vape shop breaks the buffer or hours rule?
The Planning Director or a code compliance officer enforces the standard under § 10-03-10 with a notice of violation, followed by a citation, fine, or imprisonment capped at Idaho Code § 50-302 limits, with each day treated as a new violation.

Sources & Official References

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