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James City County, VA Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Permit required
Special Use Permit (SUP), Board of Supervisors
District example
General Business, B-1 (section 24-390)
Also SUP in
MU and Economic Opportunity districts
Excluded businesses
drug/grocery/convenience stores selling incidental items
Penalty
$10-$1,000 misdemeanor fine, section 24-22

Summary

James City County's zoning ordinance treats vape and smoke shops as a special-permit use rather than a by-right retail store. Section 24-390 requires operators in the General Business District, B-1, to obtain a special use permit from the Board of Supervisors before opening, and the same SUP requirement repeats across the county's other commercial and mixed-use districts.

These county ordinances apply to unincorporated areas of James City County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Vape/smoke shop. ... A retail establishment that sells cigars, tobacco, and/or tobacco products, such as, but not limited to cigars, pipe tobacco, roll-your-own supplies, herbal and wax vaporizers, and glassware; hookah and water pipes; cannabis and/or hemp products, such as, but not limited to Cannabidiol (CBD); and/or e-cigarettes and associated equipment, such as, but not limited to vape batteries, coils, and e-liquids. Drug stores, retail food stores, grocery stores and convenience stores, the primary purpose of which is to sell goods and services other than those listed above, shall not be considered vape or smoke shops even if the above referenced goods are offered for sale. ... Use Category Use List Permitted Uses Specially Permitted Uses ... Vape/smoke shop and vape/smoke lounge SUP

Full Breakdown

James City County defines "vape/smoke shop" under section 24-2 broadly: a retail establishment selling cigars, tobacco or tobacco products such as pipe tobacco, roll-your-own supplies, herbal and wax vaporizers, hookah and water pipes, cannabis or hemp products including CBD, and e-cigarettes and related equipment like batteries, coils and e-liquids. The definition specifically excludes drug stores, grocery stores, retail food stores and convenience stores whose primary business is something other than those products, even if they also sell some of the listed items. In the General Business District, B-1, the use list at section 24-390 places "Vape/smoke shop and vape/smoke lounge" only in the Specially Permitted Uses column, meaning it needs a special use permit from the Board of Supervisors rather than qualifying as a permitted use like most other B-1 retail categories, and the section cross-references section 24-11's SUP procedures for certain commercial uses.

The same special-use-permit treatment recurs in the county's other business, industrial and mixed-use district use lists, including the Mixed Use, MU district and the Economic Opportunity district use tables, so a vape or smoke shop cannot open as of right anywhere in unincorporated James City County; it must clear the SUP process, including the community impact statement and public hearing requirements of section 24-23, in every district where the use is listed.

Violations & Fines

Opening a vape or smoke shop without first securing the section 24-390 special use permit is a zoning violation enforced under section 24-22. It is a misdemeanor punishable by a fine of $10.00 to $1,000.00, with a separate offense for every 30-day period the shop keeps operating unpermitted, and Community Development or the county attorney can seek an injunction to close the unpermitted business.

Frequently Asked Questions

Can I open a vape shop by right in James City County?
No. Section 24-390 lists "vape/smoke shop and vape/smoke lounge" only as a specially permitted use in the General Business District, B-1, so you need a special use permit from the Board of Supervisors before opening.
What exactly counts as a vape or smoke shop under the ordinance?
Section 24-2 defines it as a retail establishment selling tobacco products, hookah and water pipes, CBD or hemp products, and e-cigarette equipment, but the definition excludes drug stores, grocery stores and convenience stores whose main business is something else.
Does the SUP requirement apply in every zoning district?
The same special-use-permit treatment for vape and smoke shops appears repeatedly in the county's district use lists, including the Mixed Use and Economic Opportunity districts, so it is not limited to the B-1 district alone.
What happens if I open without the permit?
It is a zoning violation under section 24-22, a misdemeanor fine of $10.00 to $1,000.00 per offense, with the county able to seek an injunction to shut the shop down until it is permitted.

Sources & Official References

Other rules in James City County

All James City County rules

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