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

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

Key Facts

Governing threshold
50%+ of display area is tobacco
Buffer from rival store
1,000 feet
Buffer from schools/parks/hospital
300 feet
Allowed districts
C-2, C-3 and MU only
Hours
6:00 a.m. to 11:00 p.m.
Floor area cap
2,000 square feet

Summary

Decatur, Georgia's Unified Development Ordinance defines a smoke, vape or tobacco store as any retailer devoting 50 percent or more of its display or shelf area to tobacco products. Section 6.5.11.C limits these shops to a limited use in the C-2, C-3 and MU commercial districts, sets a 1,000-foot buffer from any other such store, and a 300-foot buffer from schools, parks, day cares, the hospital, the public library and MARTA.

R-85 R-60 R-50 RS-17 RM-18 RM-22 RM-43 PO NMU C-1 C-2 C-3 MU I Def./Stds ... Smoke/Vape/Tobacco Store — — — — — — — — — — L L L — 6.5.11.C ... A retail establishment having 50 percent or more of its total display and/or shelf area dedicated to the retail sale of tobacco, tobacco products, or tobacco paraphernalia. ... a.Smoke/vape/tobacco stores shall not be located within 1,000 feet of another smoke/vape/tobacco store.b.Smoke/vape/tobacco stores shall be located a minimum of 300 feet from the following uses.i.Day care center.ii.City or county recreation center, park, nature preserve, garden, or privately-owned public open space.iii.Hospital.iv.Public library.v.Metropolitan Atlanta Rapid Transit Authority (MARTA) Station.vi.Public or private K-12 school. ... c.Hours of operation can begin no earlier than 6:00 a.m. and end no later than 11:00 p.m., including all deliveries.d.Drive-through or drive-up service is not permitted.

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 28).

Full Breakdown

C, a smoke, vape or tobacco store is defined by the share of its floor space given to tobacco, tobacco products or tobacco paraphernalia rather than by product category alone, so a convenience store crossing the 50 percent threshold falls under this section even without a specialty name. 2; it is not permitted in any residential district, the Professional Office district, the Neighborhood Mixed Use district, C-1, or the Industrial district. Two distance rules apply before the Zoning Administrator can sign off: no new store within 1,000 feet of an existing smoke/vape/tobacco store, and none within 300 feet of a day care center, a city or county recreation center, park, nature preserve, garden or privately owned public open space, a hospital, the public library, a MARTA station, or a public or private K-12 school.

3 fixes how that distance is measured: from the store's front door in a straight line to the nearest public sidewalk or street, then along that sidewalk or street by the nearest route to the front door of the other use. including deliveries, and bar drive-through or drive-up service entirely. Because this store type is governed by the zoning table rather than a separate business-license chapter, an applicant still needs the City's standard occupation tax certificate under Chapter 22 in addition to zoning sign-off before opening.

Violations & Fines

Opening or operating a smoke, vape or tobacco store that violates the district table, the 1,000-foot or 300-foot distance rules, the 2,000-square-foot cap, or the 6:00 a.m. to 11:00 p.m. hours is a zoning violation enforced by the Zoning Administrator, who can withhold or revoke a certificate of occupancy and refer the matter for citation under the UDO's general enforcement provisions.

Frequently Asked Questions

Can a vape shop open anywhere in Decatur, Georgia?
No. Section 6.5.11.C allows a smoke, vape or tobacco store only as a limited use in the C-2, C-3 and MU commercial districts. It is not permitted in any residential district, the Neighborhood Mixed Use district, C-1, the Professional Office district or the Industrial district.
How close can two tobacco stores be to each other?
They must be at least 1,000 feet apart, measured from each store's front door in a straight line to the nearest public sidewalk or street and then along that sidewalk or street by the nearest route to the other store's front door, per Section 6.5.11.C.3.
What triggers the 300-foot buffer rule?
A new smoke/vape/tobacco store cannot locate within 300 feet of a day care center, a public park or recreation center, a hospital, the public library, a MARTA station, or a K-12 school, measured the same way as the 1,000-foot rule.

Sources & Official References

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