Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 9.74, AND AMENDING SECTIONS 19.14.030, 19.16.020, AND 19.16.030 OF THE BARSTOW MUNICIPAL CODE
REGARDING SMOKE SHOPS AND TOBACCO STORES
EXECUTIVE SUMMARY:
The proposed ordinance limits smoke shop and tobacco store property uses within the City of Barstow to the Commercial (c) and Diverse Use (DU) land use districts, subjects such uses to the issuance of a conditional use permit, limits the number of conditional use permits that may be issued for smoke shop and tobacco store uses, and allows the continued operation of lawfully existing smoke shop and tobacco stores.
DISCUSSION:
According to the Center for Disease Control and Prevention, cigarette smoking is estimated to cause more than 480,000 deaths annually.
In 2021, the City adopted Ordinance No. 969-2021 - City of Barstow Smoking Pollution Control Ordinance - to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products.
At the November 2022 election, California voters approved Proposition 31, which banned most sales of flavored tobacco products and tobacco product flavor enhancers effective January 1, 2023. Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31.
There are currently 13 smoke shops and tobacco stores lawfully operating within the City of Barstow, but the City has no law expressly limiting the proliferation of smoke shops and tobacco stores with the City, which said proliferation would lead to the increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.
Development of Retail Tobacco Sales Ordinances
Since at least late 2024, the City Council has contemplated the adoption of an ordinance addressing community health, safety, and general welfare concerns associated with retail tobacco sales within the City of Barstow.
At the October 7, 2024 City Council Meeting, a proposed ordinance regarding the creation of a tobacco retailer registration system (Tobacco Retailer Registration Ordinance) was introduced and had its first reading. Under the Tobacco Retailer Registration Ordinance, tobacco retailers within the City of Barstow would be required to apply for, obtain, and maintain a tobacco retailer registration from the City in order to engage in retail tobacco sales. The Tobacco Retailer Registration Ordinance outlined the registration application, renewal, and enforcement procedures while also establishing several general restrictions Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
concerning retail tobacco sales. The City Council referred the Tobacco Retailer Registration Ordinance to the Rules and Policy Committee for consideration and to provide recommendations to the City Council.
At the January 28, 2025 Rules and Policy Committee meeting, the Committee requested several substantive and non-substantive changes to the draft ordinance. On February 25, 2025, the Rules and Policy Committee finalized their feedback for the City Council on Tobacco Retailer Registration Ordinance for consideration. The proposed ordinance required an amendment to the Master Fees Resolution to add the regulatory permit fee. A fee study for this permit and amendment to the Master Fees Resolution were prepared and provided to the Committee.
On March 17, 2025, the City Council received public comment and continued the Tobacco Retailer Registration Ordinance to the May 20, 2025 City Council meeting. The City Council also directed the Rules and Policy Committee to consider the proposed Tobacco Retailer Registration Ordinance further, in light of City Council questions and community and business owner feedback.
During the March 27, 2025 and April 29, 2025 Rules and Policy Committee meetings, the Committee considered both the Tobacco Retailer Registration Ordinance and an alternative proposed ordinance that addressed tobacco retailing concerns through a land use approach (“Smoke Shop and Tobacco Store Ordinance”).
After receiving public comment and considering both proposed ordinances, the Committee recommended pivoting the City’s approach to addressing tobacco retailing from the Tobacco Retailer Registration Ordinance to the Smoke Shop and Tobacco Store Ordinance. Rather than pursuing the full scope retailer registration approach applicable to largely all tobacco retailers within the City (e.g., gas stations, pharmacies, grocery stores, etc.) that would require substantial City resources to administer and enforce, the Committee recommended pursuing the land-use based approach that specifically focused on regulating and limiting the proliferation of smoke shop and tobacco store uses while creating much more robust protections for existing (legacy) smoke shops and tobacco stores. The land-use based approach would require less administrative oversight by the City, regulate those businesses primarily engaged in tobacco sales rather than all businesses that engage in any level of tobacco retailing, and proactively limit the availability of tobacco products.
Being satisfied with the form of the Smoke Shop and Tobacco Store Ordinance at the April 29, 2025 Rules and Policy Committee, the Committee recommended that the Smoke Shop and Tobacco Store Ordinance be brought before the City Council for additional feedback before being brought before the Planning Commission for consideration.
On May 7, 2025, the City Council discussed and provided feedback on the Smoke Shop and Tobacco Store Ordinance and ultimately reached a consensus to move forward with the Planning Commission’s consideration of the Smoke Shop and Tobacco Store Ordinance.
At the May 12, 2025 Planning Commission meeting, the Planning Commission considered the Smoke Shop and Tobaccos Store Ordinance and adopted a resolution (a) finding that the Smoke Shop and Tobacco Store Ordinance’s text amendments to Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code would be in the best interest of the City because they would improve the City’s land use regulations by furthering the City’s Land Use Element goals and advancing public health, safety, and welfare, and (b) recommending that the City Council approve the Smoke Shop and Tobacco Ordinance.
Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
Smoke Shop and Tobacco Store Ordinance Overview
The purpose of the Smoke Shop and Tobacco Store Ordinance is to limit the proliferation of smoke shops and tobacco stores within the City of Barstow and the associated negative impacts, including, without limitation, the greater opportunity for underage tobacco sales, the greater opportunity for the sale of illegal drug paraphernalia marketed as tobacco paraphernalia, and the heighted risk of negative aesthetic impacts.
The “smoke shops” and “tobacco stores” regulated by the Smoke Shop and Tobacco Store Ordinance are those businesses that primarily sell, distribute, deliver, display, offer, furnish, or market tobacco, tobacco products, or tobacco paraphernalia. The proposed ordinance would not regulate grocery stores, supermarkets, convenience stores, or other businesses that engage in the “ancillary sale” of tobacco, tobacco products, and tobacco paraphernalia.
Chapter 9.74 that would be created under the proposed ordinance provides that new smoke shops and tobacco stores are permitted land uses only in the Commercial Diverse Use land use districts and are subject to the issuance of conditional use permits. Chapter 9.74 also outlines applicable zoning and land use standards, including, without limitation, (a) smoke shops and tobacco stores must be at least 1,000 feet apart from one another, (b) smoke shops and tobacco stores must be at least 1,000 feet away from uses where children regularly gather, (c) and conditional use permits for smoke shops and tobacco stores may not be issued if there are ten or more smoke shops and tobacco stores lawfully operating within the City.
Chapter 9.74 also specifies standard conditions of approval for smoke shop and tobacco store conditional use permits, which include, without limitation, (a) no on-site tobacco consumption, (b) no sales to persons under age 21, (c) no self-service tobacco displays, and (d) no distribution of free or low cost tobacco products.
Chapter 9.74 preserves the right for existing “legacy” smoke shops and tobacco stores to continue operating as legal nonconforming uses without having to acquire a conditional use permit and regardless of their zoning designation. Legacy smoke shops and tobacco store owners may sell or transfer ownership of their businesses, which can continue to operate as a legacy smoke shop or tobacco store so long a new business license is obtained and the use resumes within six months of the ownership transfer.
The amendments to Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code update the City’s land use and zoning regulations to subject smoke shop and tobacco store uses to the issuance of conditional use permits and limit such uses to the Commercial and Diverse Use land use districts by:
1. Eliminating tobacco stores as permitted uses in the Commercial land use district by amending Barstow Municipal Code (“BMC”) section 19.16.020(2)(ss) to remove “tobacco stores” as a permitted use in the Commercial land use district;
2. Subjecting smoke shops and tobacco store uses in the Commercial (C) land use district to conditional use permits by amending BMC 19.16.030(25) to add smoke shops and tobacco stores to the list of uses permitted in the Commercial land use district subject to issuance of a conditional use permit.
3. Eliminating smoke shop and tobacco store uses as permitted uses in the Diverse Use (DU) land use district and subjecting them to conditional use permits by amending BMC sections 19.16.020 and Joint Special Council/BFPD
06/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 6025
AGENDA ITEM
19.16.030. Under BMC 19.12.020(3), any permitted use in the Commercial district is permitted in the Diverse Use district and any use in the Commercial district requiring a conditional use permit is allowed in the Diverse Use district subject to a conditional use permit. By amending BMC 19.16.020 and 19.16.030 (as discussed above), the propose ordinance eliminates tobacco store uses as permitted uses in the Diverse Use districts and only allows smoke shop and tobacco store uses in the Diverse Use districts subject to the City’s issuance of a conditional use permit.
4. Eliminating tobacco stores as a permitted use in the Human Services (HS) land use district by amending BMC section 19.14.030(1) to specifically exclude smoke shops and tobacco stores from the types of Commercial uses subject to conditional use permits that are permitted with the Human Services land use district.
California Environmental Quality Act
The draft ordinance is not subject to the California Environmental Quality Act (CEQA) under the general rule in CEQA guidelines Section 15061(b)(3) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment, therefore no further environmental review is necessary.
Attachment 1 - Ordinance Adding Chapter 9.74 to Title 9 of the Barstow Municipal Code and Amending Sections 19.14.030, 19.16.020, and 19.16.030 of the Barstow Municipal Code Regarding Smoke Shops and Tobacco Stores.
FISCAL IMPACT:
The implementation of the proposed Smoke Shop and Tobacco Store ordinance will involve some costs to the City associated with subjecting smoke shop and tobacco store uses to the issuance of conditional use permits, but these costs can be largely, if not wholly, offset by conditional use permit fees.
RECOMMENDED ACTION:
That the City Council continue the public hearing to July 15, 2025, and on July 15, 2025, to consider the introduction of Ordinance No. ______-2025 limiting the proliferation of Smoke Shops and Tobacco Stores with the City of Barstow and amending the Barstow Municipal Code to add a new chapter 9.74 and update sections 19.14.030, 19.16.020, and 19.16.030 of the Zoning Ordinance of the City of Barstow.