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<br />Ordinance No. NS-#### <br />Page 2 of 17 <br /> <br /> <br />WHEREAS, Santa Ana’s status as one of the most densely populated cities in the <br />United States results in a high concentration of tobacco retailers within walking distance <br />of schools, parks, and residential land uses6,7; and <br /> <br />WHEREAS, smoke shops are a type of tobacco retailer and are distributed <br />citywide primarily along commercial corridors in close proximity to schools, parks, and <br />residential land uses; and <br /> <br />WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet <br />of youth-centered uses such as schools, parks, and childcare facilities, and about ninety- <br />six (96) percent of smoke shops are located within 500 feet of residences; and <br /> <br />WHEREAS, the City Council has observed a significant increase in the number of <br />smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa <br />Ana has more than doubled from seventeen (17) to forty-three (43); and <br /> <br />WHEREAS, on December 2, 2025, the City Council directed City staff to prepare <br />an ordinance to regulate the establishment and permitting of smoke shops to restrict their <br />proximity to sensitive uses such as schools, parks, childcare facilities, and residences to <br />address public health, public safety, and enforcement concerns; and <br /> <br />WHEREAS, smoke shops have historically been treated as ordinary retail under <br />the Santa Ana Municipal Code (SAMC), which has limited the City’s ability to assess their <br />cumulative impact on community character and public safety; and <br /> <br />WHEREAS, there exists a compelling interest in reducing the exposure of minors <br />to tobacco products, electronic cigarettes, and related paraphernalia, consistent with the <br />goals of the City’s Tobacco Retail Licensing program and recent prohibitions on flavored <br />tobacco products; and <br /> <br />WHEREAS, the City recently prohibited the sale of nitrous-oxide for recreational <br />use via local ordinance in 2025 to close loopholes in State law and address the illicit <br />distribution of inhalants often found in smoke shop environments; and <br /> <br />WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12) <br />search warrants and, as a result of the search warrants, they discovered narcotics, <br />loitering, and violations related to the sale of nitrous-oxide and flavored tobacco; and <br /> <br />WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls <br />for service for illegal and nuisance activities at smoke shops; and <br /> <br />6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth <br />Smoking." TobaccoFreeKids.org. <br />7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report <br />of the Surgeon General." HHS.gov.