Cullman City Council passes zoning amendment to govern vape shop locations and

CULLMAN, Ala. – The Cullman City Council on Monday, April 22, approved an amendment to the City’s zoning ordinance to govern the location and signage of vape retailers. The ordinance limits the locations where new shops can be built, while allowing already established shops to continue in their present locations, and requires the removal from immediate public view attention-getting signs and roadside banners even from established dealers.

According to the amended ordinance, a tobacco, vape, CBD or THC shop is “any retail premises whose primary purpose is dedicated to the display, sale, storage of tobacco products, electronic cigarettes (a product containing or delivering nicotine, or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product including, but not limited to, “vapes”), CBD products (products made from CBD containing less than 0.2% THC), and/or THC products (including Delta-8 and Delta-9 products that come from the cannabis sativa plant which are subject to Federal, State and local guidelines and laws).”

Grocery stores and pharmacies are exempted from the definition.

Signage limited

In response to local residents’ complaints about stores in town placing tall feather banners in City rights of way alongside streets and displaying large signs featuring cannabis leaves and similar drug-related themes, the updated ordinance limits the use of such signage and allows the City to remove signs when necessary.

The previous ordinance phrase “Signs and advertising related to alcoholic beverages” now reads “Signs and advertising related to alcoholic beverages, vaping, tobacco, e-cigarettes, CBD, THC and medical cannabis” with the following regulation:

“It shall be unlawful for any person who owns or operates a place where vape products, tobacco, e-cigarettes, CBD, THC (including but not limited to CBD products, Delta-8 and Delta-9) or medical cannabis are sold to display any feather flags, banners, signs or electronic signage (including, but not limited to neon signs, LED signs, digital displays, interactive displays, mobile displays, etc.,) containing the English name, brand name, illustration/image or any phonetic spelling or misspelling of an English name for vape products, tobacco, e-cigarettes, CBD, THC or medical cannabis outside any place of business or in any window or door visible from the outside of the business. For the purposes of this chapter, any sign attached directly to any part of a window or its surroundings (including windows integrated into doors) or any sign placed within 36 inches of the window with its content visible from the outside shall be considered to be in the window. No LED or electronic lighting affixed to the building, doors) or window(s) shall be permitted if it is deemed by the Building Official to create a danger to or interfere/impeded [sic.] the flow of traffic; or if it is deemed to be a nuisance.”

City Attorney Luke Satterfield told The Tribune that established businesses would be “grandfathered” and protected from the location restrictions, but signage regulations would apply also to those established businesses.

Other council business

The council issued a proclamation naming May 6-10, 2024, as Teacher Appreciation Week in the city, and a proclamation celebrating St. John’s Evangelical Church’s 150th anniversary.

The council approved:

• A special event request from Katie Walker of the Chamber of Commerce to hold the annual 2nd Friday events
• A resolution approving the fiscal year 2023 audit for the City of Cullman, noting that the audit was clean with no issues
• A resolution approving the submission of a grant application to ADECA for fiscal year 2024 Appalachian Regional Commission (ARC) grant funds in the amount of $1 million to construct a new hangar at Cullman Regional Airport
• A resolution to submit a grant application to the U.S. Department of Transportation for a fiscal year 2025-26 Multimodal Project Discretionary Grant (MPDG) in the amount of $25 million to replace St. Bernard Bridge and widen U.S. Highway 278 to four lanes near the bridge. Council President Jenny Folsom said the grant is competitive, and that the City has sought it unsuccessfully in the past.

The Cullman City Council meets on the second and fourth Mondays of every month at 7 p.m. in the Cullman City Hall auditorium. The public is invited to attend.

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