1 URGENCY ORDINANCE NO. ____________
AN URGENCY INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LANCASTER, CALIFORNIA,
IMPOSING A MORATORIUM ON NEW TOBACCO
RETAILER BUSINESSES AND THE EXPANSION OF
EXISTING TOBACCO RETAILER BUSINESSES, ALSO
KNOWN AS SMOKE SHOPS
WHEREAS, the City of Lancaster (“City”) is a charter city as authorized by and described in article XIII of the California Constitution; and WHEREAS, section 5 of article XIII of the California Constitution provides, in pertinent part, that “[i]t shall be competent in any city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to general laws[…]”; and WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt an interim urgency ordinance prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time, if the members of the City Council by a vote of four-fifths (4/5) majority find that there is a current and immediate threat to the public safety, health, and welfare of the community; and
WHEREAS, tobacco retailer businesses, also known as smoke shops, have been a source of unlawful activities in the City, which, if not curtailed, present an immediate threat to the public health, safety, and welfare; and
WHEREAS, there are currently 196 active tobacco retailer business licenses in the City, 76 of which are believed to be smoke shops; and
WHEREAS, Lancaster Police Department staff surveyed 22 smoke shops in the preceding 12 months and observed the following:
sales of uninspected, unlicensed, untaxed cannabis products, some of which was in packaging attractive to children with colorful artwork and cartoons, and some of which mimicked legitimate food products (snacks and candy); sales of prohibited flavored tobacco products and vapes; sales of misbranded drugs;
sales of large quantities of nitrous oxide used for intoxication; sales of drug paraphernalia including bongs and glass pipes; sales of largequantities of butane used to manufacture concentrated cannabis;
2 sales of illegal weapons (metal knuckles and switch blade knives); sales of untaxed tobacco products; and
WHEREAS, the purpose of this urgency ordinance is to prohibit new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailer businesses for 45 days, to give the City the opportunity to explore effective regulatory options that ensure the immediate protection of the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN, AS FOLLOWS:
Section 1. The City Council hereby incorporates the recitals set forth above into this urgency ordinance and finds, determines and declares that this urgency ordinance adopted pursuant to section 65858 of the California Government Code and is necessary because:
A. Tobacco retailer businesses pose an immediate threat to the public health, safety, and welfare.
B. The establishment and operation of new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailers under current City regulations, would further jeopardize the public health, safety, and welfare.
C. The adoption of this urgency ordinance is essential to provide the City the time needed to study and evaluate various regulatory options to more effectively manage tobacco retailer businesses and ensure the immediate protection of the public health, safety, and welfare.
Section 2. In the interest of safeguarding the health, safety, and welfare of the residents of and visitors to the City, the purpose and intent of this urgency ordinance is to impose a temporary moratorium on new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailers including, but not limited to, the issuance of any new permits, licenses, or other entitlements for tobacco retailer businesses, commonly known as smoke shops, within the City’s jurisdictional boundaries.
Pursuant to section 65858 of the California Government Code, the City Council is authorized to adopt this urgency ordinance without following the standard procedures required for ordinance adoption, to protect public health, safety, and welfare. This urgency ordinance is being adopted to protect the public health, safety and welfare by prohibiting uses that conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or Community Development Department is currently considering, studying, or intends to study within a reasonable timeframe.
3 Section 3. For purposes of this urgency ordinance, the following definitions shall apply:
A. “Automobile service station” shall have the same meaning as defined in section 17.04.240 of the Lancaster Municipal Code.
B. “Premium cigar” means any cigar that is handmade, or hand rolled, is not mass produced by use of mechanization, has a wrapper, which is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
C. “Tobacco paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.
D. “Tobacco product” means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; and (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to an electronic cigarette (or “e-cigarette”), electronic cigar (or “e-cigar'”), electronic pipe (or “e-pipe”), vape pen, electronic hookah (or “e-hookah”), cigars, or pipes, whether or not the device or component is sold separately.
E. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose, nor does it include loose-leaf tobacco and premium cigars.
F. “Tobacco retailer business” means any person who sells, offers for sale, distributes, furnishes, or otherwise exchanges, with or without compensation, a tobacco product, tobacco paraphernalia, or tobacco related item, to a consumer or end user, whether conducted in a physical storefront, through mobile or temporary setups, or via online or delivery based platforms operating within the City.
4 Section 4. Moratorium Imposed.
A. In accordance with the authority granted to the City under sections 5 and 7 of article XIII of the California Constitution and section 65858 of the California Government Code, from and after the effective date of this urgency ordinance, and for a period of 45 days: (1) no new tobacco retailer businesses shall be established or operate in the City; (2) no existing tobacco retailer business shall relocate or expand its business in the City; and (3) no entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, minor use permit or other land use approval, shall be approved or issued by the City for the establishment or operation of a new tobacco retailer business and/or for the relocation or physical expansion of an existing tobacco retailer business. Additionally, the establishment and operation of a new tobacco retailer business or the relocation, or physical expansion of an existing tobacco retailer business is hereby expressly prohibited in all areas and zoning districts of the City; provided, however, that the types of tobacco retailer business described in paragraph D, below, shall be excepted from and not subject to any provision of this urgency ordinance.
B. This urgency ordinance shall not prohibit the renewal of a business license for an existing tobacco retailer business, provided that the renewal seeks to maintain the business without physical expansion at its current location, and the tobacco retailer business is operating in a manner, and housed within a building, which complies with all City, state, federal, or otherwise applicable, codes, rules, regulations, or laws.
C. Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law.
D. The provisions of this urgency ordinance, including the moratorium imposed by this section, shall not apply to the sale of a tobacco product, tobacco paraphernalia, or tobacco related item by a tobacco retailer business that is ancillary and incidental to that business’ operation of an automobile service station.
Section 5. The Planning Director is directed to provide a written report to the City Council at least ten (10) days prior to the expiration of this ordinance, describing the study conducted of the conditions that led to the adoption of this ordinance.
Section 6. This urgency ordinance is adopted pursuant to section 65858 of the California Government Code and shall take effect immediately upon its passage. This urgency ordinance shall by operation of law be of no further force and effect 45 days from its passage; provided, however, that after proper notice and a public hearing, the City Council may by a 5 four-fifths (4/5) vote extend this urgency ordinance for an additional period of time of up to 10 months, 15 days, and subsequently extend the urgency ordinance for one year. Ten days prior to the expiration of this urgency ordinance, a written report describing the measures taken to alleviate the condition that led to the adoption of this ordinance shall be issued by the City and shall be available online and at the City Clerk’s Office.
Section 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held for any reason 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 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 8. The City Council finds that this urgency ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of title 14 of the California Code of Regulations because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, the ordinance consists of minor alterations in land use limitations and does not result in any changes in land use or density. It is therefore not subject to CEQA review pursuant to sections 15305 and 15061(b)(3) of title 14 of the California Code of Regulations.
Section 9. The Mayor shall sign and the City Clerk shall attest to the passage of this urgency ordinance, which shall be effective as of ________________, 2025. The City Clerk shall cause this urgency ordinance, or a summary thereof, to be published pursuant to all applicable laws.
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I, Andrea Alexander, of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the __________ day of ________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the ____ day of ________________, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss
CITY OF LANCASTER }
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CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, ________________________________, ___________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. , for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.
(seal)
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