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Zoning Ordinance Amendment No. 2026-01 and Fee Resolution (Smoke Shop Ordinance <br />and Inspection Fee Resolution) <br />March 3, 2026 <br />Page 4 <br />5 <br />5 <br />8 <br />9 <br />investigations confirmed additional concerns and uncovered illicit activities. Because of <br />investigations, authorities executed 12 search warrants, which revealed various criminal <br />violations, including: <br />Storage of narcotics and controlled substances, <br />Sale of nitrous oxide, and <br />Sale of flavored tobacco products. <br />Following searches, the Police Department issued citations and, in some instances, made <br />arrests. The Code Enforcement Division has also responded to complaints about smoke <br />shops and began collecting detailed data for them in August 2025. Since then, Code <br />Enforcement personnel have issued two Notices and Orders, five Notices of Violation, <br />and 10 Administrative Fines for unpermitted work, unpermitted substance sales, and <br />operation without required licensing and/or certification. <br />Proposed Ordinance <br />The draft smoke shop ordinance defines smoke shops as a distinct land use separate <br />from retail and service uses, and restricts the location of smoke shops to commercial <br />zones provided they obtain a CUP. Furthermore, the ordinance restricts the location by <br />buffering smoke shops from one another and from residential and youth-centered land <br />uses. In addition, the ordinance establishes a set of regulations to minimize impacts to <br />surrounding businesses and neighborhoods. The following table summarizes current and <br />proposed regulations. <br />Table 2: Current and Proposed Regulations <br />Item Existing Zoning Code <br />Regulations <br />Proposed Zoning Code Amendment <br />Definitions Smoke shops are not defined <br />and are considered a type of <br />retail and service <br />establishment. <br />Sec. 41-152.6.1 establishes a definition for <br />smoke shops and specifically excludes <br />convenience stores and grocery stores with <br />accessory sales of tobacco. <br />Zoning Districts Smoke shops are consider a <br />retail and service <br />establishment and are <br />permitted throughout the city in <br />commercial and industrial <br />districts and Specific Plans <br />and Specific Developments <br />where retail and service uses <br />are allowed by right. <br />Sec. 41-2409 expressly states that smoke <br />shops may be located in the C1, C1-MD, C2, <br />C4, C5, or C-SM zoning districts subject to <br />approval of a CUP. <br />Permit <br />Requirements <br />No special or additional permit <br />required for smoke shops. <br />Sec. 41-2410(b)(1) requires a CUP for the <br />establishment of smoke shops. <br />Location <br />Requirements <br />No location requirements.Sec. 41-2409(a) establishes location <br />standards, including: