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

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

Key Facts

Zoning district
Vape shops listed in GC district (Sec. 712.45)
Vape shop spacing
1,000 feet from another vape shop
School and day care spacing
1,000 feet from schools and licensed day care
Minimum sales age
21, with government photo ID check (Sec. 66-17)
Required notice size
At least 14 inches by 11 inches, near each register
Retailer penalty
Up to $1,000.00 fine under Sec. 1-8

Summary

In the City of Smyrna, Georgia, Appendix A Sec. 712.45 lists vape shops as a permitted use in the GC general commercial district, but no vape shop can sit within 1,000 feet of another vape shop or of a licensed or certified school or day care. Code Sec. 66-17 sets the age-21 sales rules.

Within any GC commercial district, the following uses shall be permitted: ... (712. ... 45) Vape shops, provided that no vape shop may be located within 1,000 feet of another vape shop nor may a vape shop be located within 1,000 feet of any elementary or secondary school, kindergarten or other school or day care facility that is required to be licensed or certified by the state.

Full Breakdown

The zoning rule sits in Sec. 712, the GC general commercial district, which opens with the statement that within any GC commercial district the listed uses shall be permitted. Item 712.45 adds vape shops with two spacing conditions. First, no vape shop may be located within 1,000 feet of another vape shop. Second, no vape shop may be located within 1,000 feet of any elementary or secondary school, kindergarten or other school or day care facility that is required to be licensed or certified by the state. Both tests are distance tests, so a site has to clear every existing vape shop and every qualifying school or day care.

The sales rules are in Chapter 66, Sec. 66-17, titled Sale of tobacco products to persons under the age of 21. Its definition of electronic smoking device covers an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah, with any component, part, accessory or substance intended to be vaporized, whether or not it contains nicotine. Distribution of any tobacco product to a person under 21 is prohibited (66-17(b)). Before selling, the retailer or its agent or employee must verify that the purchaser is at least 21 by examining government-issued photographic identification (66-17(c)), and reasonably relying on that ID is an affirmative defense.

Self-service displays, a category that includes vending machines, cannot be used to sell tobacco products except in places where persons under 21 are not permitted access at any time (66-17(d)). Each retailer must post a notice where tobacco products are sold, conspicuous to employees and consumers, unobstructed, and within six feet of each register. The city provides the notice, which must be at least 14 inches by 11 inches, printed in high contrast red with capitalized letters at least one inch high (66-17(e)).

Underage buyers face their own rule: a person under 21 cannot purchase, attempt to purchase or knowingly possess a tobacco product, and community service not exceeding 20 hours applies (66-17(g)). Persons under 21 are excused when they buy under direct supervision of state or city staff for training, education, research or enforcement.

The staged code file does not print a separate tobacco or vape retail license fee in these sections, so the licensing side that appears in the ordinance text is the zoning permission in Sec. 712.45 plus the Sec. 66-17 sales conditions.

Violations & Fines

Under Sec. 66-17(f), a retailer violating subsections (b) through (e) is punished as provided in Sec. 1-8, the general penalty: a fine not exceeding $1,000.00, jail not exceeding six months, probation not exceeding six months, community service not exceeding 30 days, or a combination. A zoning violation under Sec. 1307 carries a fine of $200.00 to $500.00 per offense, each day separate.

Frequently Asked Questions

Where can a vape shop open in Smyrna, Georgia?
Sec. 712.45 lists vape shops as a permitted use in the GC general commercial district, subject to spacing. The shop cannot be within 1,000 feet of another vape shop, or within 1,000 feet of any elementary or secondary school, kindergarten or other school or day care required to be licensed or certified by the state.
What is the minimum age to buy vapes in the City of Smyrna?
The age is 21. Sec. 66-17(b) prohibits distributing any tobacco product, including e-cigarettes and vape pens, to anyone under 21, and Sec. 66-17(c) requires the seller to examine government-issued photographic identification before each sale.
What sign must a Smyrna tobacco retailer post?
Sec. 66-17(e) requires a city-provided notice posted where tobacco products are sold, within six feet of each register and unobstructed. It must measure at least 14 inches by 11 inches and be printed in high contrast red capital letters at least one inch high. It supplements any notice required by state law.
Can Smyrna stores sell tobacco from a self-service display?
Only in places where persons under 21 are not permitted access at any time. Sec. 66-17(d) bars selling or distributing tobacco products from a self-service display otherwise, and the definition treats a vending machine as a self-service display.

Sources & Official References

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