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Upper Darby, PA Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Floor-space threshold
15% of retail floor space triggers smoke shop status
Spacing from other smoke shops
1,000 feet minimum
Spacing from schools
1,000 feet minimum
Operating hours (C-2 district)
Closed 9:00 p.m.-10:00 a.m.
Residential buffer
300 feet triggers screening requirement
Minimum sales/entry age
21 years old
Parking
1 space per 200 sq ft gross floor area

Summary

Upper Darby treats any store devoting 15% or more of retail floor space to tobacco or vaping products as a smoke shop, requiring a special exception, a 1,000-foot buffer from other smoke shops and schools, closing by 9 p.m., and a strict under-21 sales and presence ban.

SMOKE SHOP/SMOKING PARLOR: A retail sales or wholesale establishment primarily engaged or marketed as selling tobacco, tobacco products/accessories, and/or vaping products and accessories. A retail sales or wholesale establishment which maintains 15% or greater of its retail floor space as calculated per Subsection A of this section below, as tobacco, tobacco products and/or accessories, and/or vaping products or accessories shall be considered a tobacco store/smoke shop for the purposes of this chapter. B. Each smoke shop shall be located no closer than 1,000 feet from any other tobacco store/smoke shop. C. Each smoke shop shall be located no closer than 1,000 feet from any public private or charter school.

Full Breakdown

Section 550-56 defines SMOKE SHOP/SMOKING PARLOR as any retail or wholesale establishment primarily selling tobacco, tobacco products, or vaping products and accessories, and it also sweeps in any store that dedicates 15% or more of its retail floor space, calculated by the largest rectangle formed by displayed tobacco and vaping merchandise divided by total usable retail floor area, to those products, or that markets itself as a tobacco store, smoke shop, vape shop, or cigar shop. That definition, added in 2017 and amended by Ordinance No.

3106 in 2021 and Ordinance No. 3155 in 2024, carries hard siting standards: no smoke shop may locate within 1,000 feet of any other tobacco store/smoke shop, and none may locate within 1,000 feet of any public, private, or charter school, under Section 550-56B and C. One off-street parking space is required per 200 feet of gross floor area, adequate ventilation is mandatory, and non-smoke-shop retailers must group tobacco products together on their shelves. closing, a barrier from any residential property within 300 feet, a ban on selling tobacco products, which the code defines to include e-cigarettes and vaping devices, to anyone under 21, a ban on under-21 presence in the store, submission of professional elevations and floor plans with the business permit application, and compliance with Township spot checks.

Violations & Fines

Violating any special exception condition, including the 300-foot residential buffer, the 9 p.m. curfew, or the under-21 sales and presence bans, triggers loss of the smoke shop's use and occupancy permit and suspension of its special exception status under Section 550-22C(3)(h); a suspended status can only be reinstated by the Zoning Hearing Board on petition, and separately violates any applicable state or federal tobacco law.

Frequently Asked Questions

Does a vape shop count as a smoke shop under Upper Darby zoning?
Yes. Section 550-56's SMOKE SHOP/SMOKING PARLOR definition expressly includes vaping products and accessories, e-cigarettes, vape pens, and any electronic nicotine delivery system, and any store marketing itself as a vape shop is treated as a smoke shop regardless of floor space percentage.
How far must a smoke shop be from a school in Upper Darby?
At least 1,000 feet from any public, private, or charter school, per Section 550-56C, measured the same way as the 1,000-foot buffer required between two smoke shops under Section 550-56B.
Can a smoke shop in Upper Darby sell to an 18-year-old?
No. Section 550-22C(3)(d) and (e) prohibit selling tobacco products to anyone under 21 and prohibit anyone under 21 from even being present inside the smoke shop, with violations risking loss of the store's special exception status.

Sources & Official References

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