Some municipalities allow it, as long as no reference is made to any illegal substance. The viability of this may depend most of all on the shopping center's leasing policies.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
Attorney Koslyn is correct. If the zoning for the area doesn't permit a smoke shop, you would need to apply for a conditional use permit from the city or county planning department. If it is a permissible use, you would still need the permission of the shopping center. Good luck!
All information provided is for general purposes only and does not establish an attorney-client relationship. For more information, please visit my website at www.soaresandlykken.com.
I agree with the posts above. You have two hurdles to clear: ensuring that the city you intend to open in allows it, and confirming that the landlord will permit the opening of such an establishment on its premises.
I would advise you to consult an attorney to help you through the process. Best of luck.
The information presented here is general in nature and is not intended, and should not be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author, and Pham Law Group does not represent you as your attorneys until retained by a written retainer agreement signed by both parties.