HomeMy WebLinkAboutNS-3091 - Zoning Regulation for Smoke Shops ORDINANCE NO. NS-3091
ZONING ORDINANCE AMENDMENT NO, 2026-01 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO SMOKE SHOP ESTABLISHMENTS AND
FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2),
SECTION 15060(c)(3), AND SECTION 15061(b)(3)
WHEREAS, the City of Santa Ana, under its police power, has the authority to enact
and enforce regulations to promote the public health, safety, and general welfare of its
residents and to regulate the use of land within the City; and
WHEREAS, the City's powers to regulate and enforce laws in the area of tobacco
sales and distribution are reflected in various State laws, including California Health and
Safety Code Section 118950(e), California Business and Professions Code Section
22960(c), 22961(b), 22962(e), and 22963; and
WHEREAS, about 77% of Santa Ana's population is Latino, a population which has
been systematically pursued through predatory marketing and cultural exploitation by the
tobacco industry' and about 10% of the City's population is Asian American, a population
within which Vietnamese-American men have historically exhibited some of the highest
smoking prevalence rates in California2; and
WHEREAS, roughly 13% of the population of the City lives below the federal poverty
line3 and suffers from disproportionately high density of tobacco retailers in lower-income
census tracts compared to more affluent Orange County cities, a disparity that creates an
"inequity of exposure" by saturating the local retail environment with point-of-sale advertising
and cheap tobacco products that facilitate higher rates of nicotine dependence in
marginalized neighborhoods4,5; and
1 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%).
Census.gov; Acevedo-Garcia, D., Et al. (2004). "The Hispanic Market: Tobacco Industry Targeting and
Surveillance." American Journal of Public health.
2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Asian alone: 10.3%). Census.gov;
Tong, E.K., et al. (2010). "Smoking Prevalence and Factors Associated with Smoking Status Among
Vietnamese in California. Nicotine & Tobacco Research.
3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%).
Census.gov.
4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in California." CDPH
Tobacco Control Program.
5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and
Tobacco." CDC Tobacco Office.
Ordinance No. NS-3091
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WHEREAS, Santa Ana's status as one of the most densely populated cities in the
United States results in a high concentration of tobacco retailers within walking distance of
schools, parks, and residential land users.'; and
WHEREAS, smoke shops are a type of tobacco retailer and are distributed citywide
primarily along commercial corridors in close proximity to schools, parks, and residential
land uses; and
WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet of
youth-centered uses such as schools, parks, and childcare facilities, and about ninety-six
(96) percent of smoke shops are located within 500 feet of residences; and
WHEREAS, the City Council has observed a significant increase in the number of
smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa
Ana has more than doubled from seventeen (17) to forty-three (43); and
WHEREAS, on December 2, 2025, the City Council directed City staff to prepare an
ordinance to regulate the establishment and permitting of smoke shops to restrict their
proximity to sensitive uses such as schools, parks, childcare facilities, and residences to
address public health, public safety, and enforcement concerns; and
WHEREAS, smoke shops have historically been treated as ordinary retail under the
Santa Ana Municipal Code (SAMC), which has limited the City's ability to assess their
cumulative impact on community character and public safety; and
WHEREAS, there exists a compelling interest in reducing the exposure of minors to
tobacco products, electronic cigarettes, and related paraphernalia, consistent with the goals
of the City's Tobacco Retail Licensing program and recent prohibitions on flavored tobacco
products; and
WHEREAS, the City recently prohibited the sale of nitrous-oxide for recreational use
via local ordinance in 2025 to close loopholes in State law and address the illicit distribution
of inhalants often found in smoke shop environments; and
WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12)
search warrants and, as a result of the search warrants„ they discovered narcotics, loitering,
and violations related to the sale of nitrous-oxide and flavored tobacco, and
WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls for
service for illegal and nuisance activities at smoke shops; and
WHEREAS, Code Enforcement and Police Department enforcement have observed
unlawful activities at smoke shops that directly impact community character, public health,
and public safety; and
6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth
Smoking." TobaccoFree Kids.org.
7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report of the
Surgeon General." HHS.gov.
Ordinance No. NS-3091
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WHEREAS, unlawful nuisance activities observed at smoke shop establishments
include, but are not limited to, storage of banned substances such as nitrous oxide,
whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods such
as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked to cash-
based operations; and
WHEREAS, between August 2025, when Code Enforcement data specific to smoke
shops was first collected, and January 2026, Code Enforcement personnel issued two (2)
Notices and Orders, five (5) Notices of Violation, and ten (10) administrative citations for
unpermitted work, unpermitted substance sales, and operation without licensing and/or
certification; and
WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various
goals and policies of the General Plan, specifically, this action is consistent with Land Use
(LU) Element Goal LU-3 (Compatibility of Uses), which is intended to preserve the character
and integrity of existing neighborhoods; Policy LU-3.3 (Enforcement of Standards), which
aims to maintain a robust and proactive code enforcement program that partners with
community stakeholders and is responsive to community needs; Policy LU-3.8 (Sensitive
Receptors), which endeavors to avoid placing noxious or hazardous uses in close proximity
to sensitive land uses; Policy LU-4.6 (Healthy Living Conditions) which encourages land use
decisions that promote healthy lifestyles; Community (CM) Element Goal CM-3 (Active
Living and Well-Being), which promotes the health and wellness of all residents; Policy CM-
3.2 (Healthy Neighborhoods), which supports the creation of healthy neighborhoods by
addressing public safety, land use conflicts, and incompatible uses; and Economic
Prosperity(EP) Element Policy EP-2.3 (Complementary Businesses), which encourages the
development of mutually beneficial and complementary business clusters within the
community; and
WHEREAS, on February 9, 2026, the Planning Commission held a duly-noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning Zoning Ordinance Amendment No. 2026-01, at which time the
Planning Commission recommended that the City Council adopt the proposed ordinance
with direction that staff evaluate certain definition(s) and location requirements and revise
the proposed ordinance accordingly; and
WHEREAS, on March 3, 2026, the City Council held a duly-noticed public hearing
and considered the staff report, recommendations by staff, and public testimony concerning
the proposed ordinance.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS
FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as
findings by the City Council.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the
CEQA Guidelines, the adoption of this Ordinance ("Project") is exempt from CEQA review
pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably
Ordinance No. NS-3091
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foreseeable indirect physical change in the environment; Section 15060(c)(3), because the
activity is not a "project" as defined in Section 15378; and Section 15061(b)(3), because it
can be seen with certainty that there is no possibility that the adoption of this ordinance, which
establishes land use and zoning regulations for smoke shops to protect public health and
safety, may have a significant effect on the environment. These amendments are
administrative and regulatory in nature, do not authorize specific development projects, and
are intended to prevent the over-concentration and proliferation of smoke shops near
sensitive uses.
Section 3. Section 41-44.5.1 . (Convenience store) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-44.5.1. — Convenience store.
A convenience store means a retail establishment that sells a variety of products for
consumption off-premises, including, but not limited to, food and beverages,
household goods, over-the-counter medicines, magazines and other printed
publications, and other similar items.
Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby added
to read as follows:
Sec. 41-42.9. - Cigarette.
Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation
Code, including any amendments or successor statutes thereto.
Section 5. Section 41-65.6. (Grocery store) of Chapter 41 of the SAMC is hereby
added to read as follows:
Section. 41-65.6. — Grocery store.
A grocery store means a retail establishment that typically stocks a range of items,
including fresh produce, meats, dairy products, canned and packaged goods, over-
the-counter medicines, and household supplies like cleaning products and paper
goods. It can serve a neighborhood or the wider community, and while offering items
of convenience, is not considered a Convenience Store. Attributes of such
establishment often include multiple entrances, loading docks, and interior food
service such as bakeries and butcher counters.
Section 6. Section 41-54.6. (Electronic cigarette) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-54.6. - Electronic cigarette.
Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c)
of the Revenue & Taxation Code, including any amendments or successor statutes
thereto.
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Section 7. Section 41-152.6. (Smoke and vapor products) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6. - Smoke and vapor products.
Smoke and vapor products include, but may not be limited to, tobacco products and
smoking paraphernalia.
Section 8. Section 41-152.6.1 . (Smoke shop) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-152.6.1. - Smoke shop.
A smoke shop means any business located in a permanent, fully-enclosed building
that primarily sells or offers for sale any smoke and vapor products, but shall not
include: establishments whose business includes the incidental sale of smoke and
vapor products (such as convenience stores and grocery stores as defined by this
Chapter); establishments that sell smoke and vapor products principally for onsite
consumption (such as private smokers' lounges); or establishments operating under
a commercial cannabis business under Chapter 40 (Regulation of Commercial
Cannabis Activities).
Section 9. Section 41-152.6.2. (Smoke shop operator) of Chapter 41 of the SAMC
is hereby added to read as follows:
Sec. 41-152.6.2. - Smoke shop operator.
A smoke shop operator means all persons who own and/or operate a smoke shop. An
owner is any person who owns 5 percent or more of the smoke shop.
Section 10. Section 41-152.6.3. (Smoking) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-152.6.3. - Smoking.
Smoking shall have the same meaning as Section 22950.5(c) of the Business and
Professions Code, including any amendments or successor statutes thereto.
Section 11. Section 41-152.6.4. (Smoking paraphernalia) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6.4. - Smoking paraphernalia.
Smoking paraphernalia means any device, substance, or accessory intended for the
smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.
Section 12. Section 41-159.7. (Tobacco product) of Chapter 41 of the SAMC is
hereby added to read as follows:
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Sec. 41-159.7. - Tobacco product.
Tobacco product shall have the same meaning as provided in 22950.5(d) of the
Business and Professions Code, including any amendments or successor statutes
thereto.
Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-159.8. - Tobacco retailer.
Tobacco retailer shall have the same meaning as that in Section 18-90(h) of this Code.
Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops) of
Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.8. - Discontinuance of nonconforming smoke shops.
(a) All smoke shops that have a valid certificate of occupancy and tobacco retailer
license pursuant to Article III of Chapter 18 of this Code prior to the effective
date of this section, shall be deemed a nonconforming smoke shop.
(b) If a nonconforming smoke shop, as smoke shop is defined in Section 41-
152.6.1, is discontinued for a period of six (6) consecutive months, any
subsequent use must conform in every respect to the provisions of this Chapter.
Section 15. Article XXIV(Smoke Shops) of Chapter 41 of the SAMC is hereby added
to read as follows:
ARTICLE XXIV. SMOKE SHOPS
Sec. 41-2408. - Specific purposes.
(a) In addition to the general purposes listed in section 41-1, the specific purposes
of this article are to:
(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this
Code.
(2) Establish reasonable and uniform regulations that will reduce possible
adverse secondary effects that smoke shops may have upon the
residents of the city and preserve the integrity of existing commercial
and residential areas of the city, which are in close proximity to such
commercial areas.
Sec. 41-2409. - Permitted zones and locations.
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(a) Smoke shops may be located on parcels in the C1 , C1-MD, C2, C4, C5, or C-
SM zoning districts subject to the issuance of a conditional use permit.
(1) No smoke shop shall be located within one thousand (1,000) feet of
another smoke shop, as measured from the primary entrance of the smoke
shop to the primary entrance of the nearest smoke shop.
(2) No smoke shop shall be located on a parcel located within one thousand
(1 ,000) feet, as measured from the primary entrance of the smoke shop
to the outermost boundary of the nearest parcel line whereon any of the
following is located:
i. A public park, playground, recreational area including a trail that
is immediately adjacent to a public park, or youth facility,
including, but not limited to, a boys and girls club, nursery school,
preschool, or day care facility;
ii. A school (K-12) as defined by Section 11362.768 of the Health
and Safety Code; or
iii. An alcohol or other drug abuse recovery or treatment facility.
(3) No smoke shop shall be located on a parcel located within five hundred
(500) feet of a property zoned or used for residential purposes, as
measured from the primary entrance of the smoke shop to the outermost
boundary of the nearest parcel line of the property zoned or used for
residential purposes.
(4) No smoke shop shall be permitted within a building or tenant space
where any storefront, signage, or pedestrian entrance is oriented toward
or visible from the public right-of-way of an arterial street, as defined and
designated in the Mobility Element of the City's General Plan.
Sec. 41-2410. - Permits and certificates.
(a) No tobacco retailer, as defined in Section 18-90 of this Code, where the sale of
tobacco is incidental to its primary use (such as a grocery store or convenience
store) shall be operated or established in the city without first obtaining the
following:
(1) An approved certificate of occupancy.
(2) A city issued business license.
(3) An approved Tobacco Retailer License issued by the Chief of the Santa
Ana Police Department, as set forth in Section 18-91 of this Code.
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(b) No smoke shop maybe operated or established in the city without first obtaining
the following:
(1) An approved conditional use permit.
(2) An approved certificate of occupancy.
(3) A city issued business license.
(4) An approved Tobacco Retailer License issued by the Chief of the Santa
Ana Police Department, as set forth in Section 18-91 of this Code.
Sec. 41-2411. - Development and operating standards.
The following development and operating standards shall be applied to the operation
of any smoke shop:
(a) Display. A maximum of twenty-five(25) percent of the floor area of the premises
may display smoking paraphernalia for sale or viewing.
(b) Age Restriction. No person under the age of 21 years shall enter, be in, or
remain in or on the premises of any smoke shop at any time. It shall be the
affirmative duty of the business operator to verify the age of every person
entering the establishment.
(c) Lighting. The exterior of the premises, including adjacent public sidewalks and
all parking lots under the control of the smoke shop, shall be illuminated in
accordance with the lighting requirements of the underlying zoning district, and
applicable Conditions of Approval.
(d) Litter and Graffiti.
(1) Trash and recycling receptacles shall be provided near public entrances
to and exits from the building.
(2) The smoke shop operator shall provide for daily removal of trash, litter,
and debris from the premises and on all sidewalks that abut the
premises, including the smoke shop's parking areas.
(3) The owner of a property where a smoke shop is located shall remove
graffiti in accordance with the requirements of Sec. 10-228 of this Code.
(e) Vending Machines. Interior and exterior vending machines are prohibited.
(f) Video Surveillance.
(1) Smoke shops must equip a fully functional color digital video camera
surveillance system.
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(2) The video camera surveillance system storage device or cameras shall
be transmission control protocollTCP capable of being accessed
through the internet by the Santa Ana Police Department or their
designee on request.
(3) The video camera surveillance system must continuously record, store,
and be capable of playing back images and be fully functional at all
times, including during any hours the business is closed. The system
must be maintained in a secured location inside of the business,
(4) The video camera surveillance system shall maintain the correct date
and time stamped onto the image at all times.
(5) The video camera surveillance system's camera storage capacity
should be for at least 90 calendar days. Such cameras must be capable
of producing a retrievable and identifiable image that can be made a
permanent record and that can be enlarged through projection or other
means.
(6) The video camera surveillance system shall be capable of producing a
digital playback as a system feature. The Santa Ana Police Department
may request immediate viewing of surveillance footage and may request
digital media in relation to a criminal investigation; in such case, the
digital media shall be provided to an authorized representative of the
Santa Ana Police Department, upon request, within 24 hours of the
request.
(7) There shall be a minimum of three surveillance cameras placed so as to
record activities in the primary customer areas of the business; such
cameras must, at minimum, provide surveillance for all entry and exit
areas, customer parking, and the cash register. These cameras should
be located on the interior and, in some instances, the exterior of the
building if necessary to provide adequate surveillance of an exterior
area. Cameras shall be of sufficient quality to be able to identify persons
and/or vehicles utilizing the business parking lot.
(8) The interior of the business must have at least one surveillance camera
placed to focus on each cash register transaction with the view to include
the clerk as well as the customer waiting area.
(9) All interior surveillance cameras shall record in color.
(10) All exterior surveillance cameras shall record in color and have
automatic low light switching capabilities to black and white. Exterior
surveillance cameras shall be in weatherproof enclosures and located in
a manner that will prevent or reduce the possibility of vandalism.
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(11) An inoperable video camera surveillance system may be cause for
revocation of the Conditional Use Permit.
(12) In the event of a security breach, vandalism, theft, or other offense, the
smoke shop operator must ensure preservation of the relevant security
footage beyond the required 90 days in coordination with the Santa Ana
Police Department.
(13) A sign shall be posted inside and at the entrance to the smoke shop
indicating that the premises are under video surveillance.
(g) Signage, Glazing, Obstructions.
(1) The provisions specified under Article XI (On-Premises Signs), and this
subsection shall apply. Where conflict may occur between the provisions
of Article XI (On-Premises Signs) and this subsection, the more
restrictive provisions shall govern.
(2) In addition to the requirements found in the California Cigarette and
Tobacco Products Licensing Act of 2003 and all updated and related
state and federal laws, including any amendments and successor
statutes thereto, including any state or Federal regulations, the following
copy is required to be prominently posted in a readily visible manner on
an interior wall or fixture and not on windows:
i. "California State Law Prohibits the Sale of Tobacco Products to
Persons Under 21 Years of Age."
ii. "No Persons Under the Age of 21 May Enter These Premises."
iii. "No Loitering is Allowed On or In Front of These Premises."
iv. "No Smoking or Vaping Allowed on These Premises."
(3) At least 50 percent of any street-facing facade must be glazed with a
clear, non-tinted material and may not be obstructed through interior
placement of any temporary sign taped or otherwise affixed to a window
or shelves, racks, furniture, or other storage or display of products.
(4) Any signage required by law shall not exceed twenty-five (25) percent of
the area of each window.
(5) Doors must be free from signs regardless of door type or material.
(6) Advertising and signage on windows shall be placed and maintained in
a manner that ensures that law enforcement personnel have a clear and
unobstructed view of the interior of the business, including the area in
which the cash registers are maintained, from exterior public sidewalks,
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parking lots, or entrance to the business.
(7) Any smoke shop located within 1,000 feet of a sensitive use, as listed in
Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a
manner visible from the outside of the smoke shop, such as from a public
thoroughfare, sidewalk, or parking lot.
(h) Loitering and Other Nuisance Activities.
(1) The operation of a smoke shop shall not result in repeated nuisance
activities on the property, which may include, but are not limited to,
disturbances of the peace, illegal drug activity, public intoxication,
drinking in public, smoke and vapor product sales to minors, harassment
of passersby, gambling, prostitution, sale of stolen goods, public
urination, theft, assaults, batteries, acts of vandalism, loitering,
excessive littering, graffiti, illegal parking, excessive loud noises
(especially in the late night or early morning hours), traffic violations,
curfew violations, lewd conduct, or other violations of local, state, or
federal laws, especially when contributing to a proportionally high rate of
police reports and arrests to the area. Any violation of this section shall
be considered an egregious violation of this ordinance and a public
nuisance that is imminently dangerous to life, health, safety or adjacent
property such that it requires immediate correction or elimination. Such
a violation shall subject the smoke shop operator to immediate
suspension pursuant to Section 41-650.5 or to revocation of the smoke
shop's Conditional Use Permit pursuant to Section 41-651 of this Code.
(2) The smoke shop operator shall post the property with the appropriate
signs advising that consumption of alcoholic beverages, gambling,
trespassing, or loitering on private property is a violation of the SAMC.
The smoke shop operator shall ensure that a form is submitted to the
Santa Ana Police Department, notarized, signed, and dated by the
property owner(s) every 12 months, that authorizes Santa Ana Police
Department peace officers to enter the smoke shop premises and
remove trespassers when the business is closed to the public, in
accordance with Section 602(o) of the California Penal Code, including
any amendments or successor statutes thereto.
(i) Training.
(1) Initial Training. The smoke shop operator and all employees of the
smoke shop who are involved in the sale of smoke and vapor products
must complete approved course(s) in training of smoke and vapor
product sales and handling within 60 days after approval of the
Conditional Use Permit, or for employees hired after the approval of the
Conditional Use Permit, within 60 days from the date of hire. Existing
smoke shop operators and employees shall have 60 days from the
effective date of this ordinance to come into compliance with the training
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requirement, and thereafter new operators and employees shall obtain
the necessary training within 60 days of the date of hire or from the date
of ownership. To satisfy this requirement, a program must meet the
standards of the California Department of Public Health, or other
certifying or licensing body designated by the State of California, in the
Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the smoke
shop operator is a legal entity, the manager or executive responsible for
the smoke shop shall obtain the requisite training, as well as all
employees.
(2) Annual Training. The smoke shop operator and all employees shall also
be required to complete annual trainings, which comply with state
standards, including changes to tobacco sales laws and regulations.
Smoke shops shall be required to keep up-to-date records, such as
certificates of completion, which prove that ail individuals listed above
have completed the requisite annual trainings and shall furnish these
records to the City during inspections and upon a reasonable request
from the City.
(j) Compliance with Laws. The smoke shop must remain in compliance with all
local, state, and federal laws, regulations, and orders, as well as all Conditions
of Approval imposed on the use.
(k) Posting of Conditions. A copy of all conditions of approval and training
requirements shall either be posted in a conspicuous and unobstructed place
near the entrance, cashier counter, or customer service area of the smoke shop
or posted in an employee area and provided upon request (e.g., via flyer or
brochure) to patrons and enforcement officials.
(1) Prohibited Products. The sale or distribution of one or more of the following is
prohibited.
(1) Cannabis or Cannabinoid products. Sale of this product shall
immediately subject the smoke shop to Conditional Use Permit
revocation proceedings pursuant to Section 41-651 of this Code.
(2) Drug paraphernalia not directly related to legal smoke and vapor
products.
(3) Nitrous oxide.
(4) Any kratom product.
(5) Flavored tobacco. Sale of this product shall immediately subject the
smoke shop to Conditional Use Permit revocation proceedings pursuant
to Section 41-651 of this Code. Should flavored tobacco products be
found during an inspection of the smoke shop, the Santa Ana Police
Department may seize and destroy said products.
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(6) Other products prohibited by law.
(7) Alcoholic beverages, unless otherwise permitted by a valid City issued
permit that is in existence prior to the date of the adoption of this
ordinance.
(m) Hours of Operation. All smoke shops may only conduct business transactions
between the hours of 7:00 a.m. and 11:00 p.m. daily.
(n) Additional Requirements.
(1) Smoke shop operators and/or applicants shall submit a security plan
consistent with Santa Ana Police Department policy on the sale of age-
restricted materials. Prior to the approval of a Conditional Use Permit,
the applicant shall prepare and submit for review by the Chief of the
Santa Ana Police Department, or designee, a security plan for approval.
Approval of the security plan by the Chief or their designee shall not be
unreasonably denied. The contents of the security plan shall be
incorporated as Conditions of Approval to the Conditional Use Permit.
As a part of the annual inspection process conducted pursuant to Sec.
41-2411(n)(5), the security plan shall be resubmitted for approval by the
Chief or designee.
(2) The Director or designee may require the smoke shop operator and/or
applicant to submit additional information, of such type and in such form
as the Director may specify, as the Director may deem relevant to the
application, including, but not limited to, an operational statement, floor
plans, architectural renderings, and technical studies, as appropriate.
(3) The Director or designee may refer an application to other City
departments to determine whether the smoke shop's location will comply
with building, health, zoning, and fire ordinances or other applicable
ordinances or laws. City departments may conduct an inspection of the
premises to determine compliance with the ordinances and other laws
they administer, and may subsequently prepare reports summarizing
their inspections.
(4) Additional security measures such as reduced hours of operation,
security guards, door monitors, and/or burglar alarm systems may be
required if nuisance or related problems are demonstrated to occur as a
result of business practices or operations. This will be determined on a
case-by-case basis upon review by the Santa Ana Police Department.
(5) Smoke shops shall be subject to routine unannounced inspections at
least annually, to ensure compliance with this section and any additional
conditions of the Conditional Use Permit. The smoke shop operator shall
reimburse the City for the cost of such inspection(s) pursuant to the
City's Miscellaneous Fee Schedule. If an annual inspection results in a
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finding that a smoke shop operator is not in compliance with this section
or the specific conditions of the Conditional Use Permit, that finding may
be used as a basis for amending or revoking the Conditional Use Permit,
pursuant to Section 41-651 this Code.
` i. If a smoke shop is determined to be out of compliance with its
Conditions of Approval, the person or entity acting as the smoke
shop operator shall be subject to administrative fines, pursuant to
Sec. 1-21.3 of Chapter 1 of this Code, as set by City Council
resolution. The fine structure shall consist of progressively higher
fines for violations occurring within one year of a prior violation.
In addition, upon a fourth violation being upheld within a three (3)
year period of the first violation, the Conditional Use Permit for
the business may be subject to revocation. Fines shall be levied
in accordance with the Miscellaneous Fee Schedule.
Sec. 41-2412. - Existing Smoke Shops.
Smoke shops that are in existence upon the effective date of this article and that do
not have a conditional use permit to operate shall have six (6) months from the
effective date of this article to comply with the standards in Section 41-2411 of this
Article.
Sec. 41-2413. -Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the
regulated smoke shop uses. Such uses must comply with any and all applicable
regulations imposed in other articles of Chapter 41 of this Code, other city ordinances
and state and federal law. Should a conflict exist between the provisions of this article
and the provisions of other articles of Chapter 41 of this Code, the provisions of this
article shall prevail.
Section 16. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
Section 17. The City Council of the City of Santa Ana hereby adopts an ordinance
amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code
pertaining to smoke shop establishments. This approval was based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request for City
Council Action dated March 3, 2026, and exhibits attached thereto; and the public testimony,
all which are incorporated herein by reference.
Ordinance No. NS-3091
Page 14 of 15
Section 18. This ordinance shall become effective thirty (30) days after its adoption.
Section 19. The City Clerk shall certify the adoption of this ordinance and shall cause
the same to be published as required by law.
ADOPTED this 17th day of March, 2026.
Val rie Ame ua
Ma or
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: iN k
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez
Penaloza, Phan, Vazquez (7)
NOES: Councilmembers None 0
ABSTAIN: Councilmembers None 0
ABSENT: Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance
No. NS-3091 to be the original ordinance adopted by the City Council of the City of Santa
Ana on March 17, 2026.
Date: r tL (S;1- e
ennifer L. II
City
iyofSa a a
Ordinance No. NS-3091
Page 15 of 15
PAGE INTENTIONALLY LEFT BLANK
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