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Midland, TX Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Permitted districts
RR, CB, C only
Excluded district
Not permitted in LR Local Retail
Also excluded
Residential and AE/CE agricultural districts
Zoning violation fine
Up to $2,000/day

Summary

Midland's zoning code classifies smoke and tobacco shops as a 'Retail Tobacco Store' use, permitted by right only in the RR Regional Retail, CB Central Business, and C Commercial zoning districts.

Retail Tobacco Store: A retail store that sells mainly tobacco products. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are incidental to the sale of tobacco products.

Retaining Wall: A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles.

Retirement Housing: Any age restricted housing development that may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semiprivate rooms and designed to provide meals and nursing care.

Right-of-Way:

(a)A parcel of land occupied or intended to be occupied by a street or alley or other transportation infrastructure.(b)A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use.(c)The use of Right-of-Way shall also include parkways and medians outside of pavement. Rodeo Grounds: A public gathering place for rodeo activities in which there are performances of riders with horses and generally involving cattle. The area may involve various cattle pens, barns or shelters. Parking generally would involve double drive-through spaces for participants with trucks pulling horse trailers and standard parking for spectators.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 1 Update 2).

Full Breakdown

The Midland Zoning Ordinance defines a Retail Tobacco Store as a shop that sells mainly tobacco products, plus incidental accessories such as lighters and cigarette holders (§ 11-1-2.01). The zoning Use Chart at § 11-1-4.03 (Row 174) lists Retail Tobacco Store as a permitted use only in the RR Regional Retail, CB Central Business, and C Commercial districts, subject to off-street parking standards under § 11-1-6.02. It is not a listed use in the LR Local Retail district, any residential district, the AE/CE agricultural districts, or the industrial (LI/HI) districts.

Violations & Fines

Operating a Retail Tobacco Store outside the RR, CB, or C districts is a zoning violation, fined up to $2,000 per day under § 11-1-1.06.

Frequently Asked Questions

Can I open a smoke shop anywhere in Midland?
No. The zoning Use Chart permits a Retail Tobacco Store only in the RR Regional Retail, CB Central Business, and C Commercial districts, not even in the LR Local Retail district (§ 11-1-4.03, Row 174).
What counts as a 'Retail Tobacco Store' under Midland's code?
A retail store that sells mainly tobacco products and may also sell incidental accessories like lighters, matches, and cigarette holders, per § 11-1-2.01.

Sources & Official References

Other rules in Midland

All Midland rules

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