Memorandum
Date: August 25, 2026
From: Thomas B. Modica, City Manager
For: Mayor and Members of the City Council
Subject: Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments On April 7, 2026, the City Council requested the City Manager to work with relevant departments to begin the process of amending Long Beach Municipal Code (LBMC) Chapter 5.81 and Chapter 8.88 to include required distances or “buffer zones” between tobacco retailers and smoking lounges and youth-oriented areas (i.e., schools, daycare centers, playgrounds, libraries, parks, recreation facilities, youth programming events that occur at parks, etc.) and elder care facilities (i.e., nursing homes, convalescent homes, etc.), and report back to council within 120 days.
The City Manager’s Office worked with the City Attorney, Community Development, Financial Management, and Health and Human Services Departments to complete this request. This memorandum is intended to provide an overview of the existing regulations, examples of regulations in other cities, proposed ordinance changes, and other policy considerations.
Background
State Regulations
The California Department of Tax and Fee Administration (CDTFA) is responsible for regulating and enforcing tobacco retailers. CDTFA requires all businesses to obtain a Cigarette and Tobacco Retailer's License with a renewal taking place on an annual basis. In addition to CDTFA’s regulatory enforcement, the California Department of Public Health (CDPH), Tobacco Control Branch is responsible for conducting statewide media campaigns and working with local jurisdictions to limit tobacco promotion, reduce exposure to secondhand smoke, reduce the availability of tobacco, and promote tobacco cessation.
All tobacco retailers must adhere to the state’s Cigarette and Tobacco Products Tax Law, Flavored Tobacco Law, Tobacco 21 Law, and Stop Tobacco Access to Kids Enforcement (STAKE) Act, as well as other relevant state and local regulations.
Local Regulations
Chapter 5.81 – Tobacco Retail Permit
Chapter 5.81 of the LBMC stipulates the permit application process and retailing requirements for tobacco retail permits. The Health and Human Services Department currently oversees the administration of tobacco retail permits. As of the date of this memorandum, there are currently 423 active tobacco retailer permits in Long Beach. There are currently no caps on the number of tobacco retailer permits. The number of active permits includes those issued to smoke shops and smoking lounges, as well as convenience stores, grocery stores, gas stations and other Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
miscellaneous retail establishments where tobacco products may be sold but are not their primary business activity. In other words, the latter may sell tobacco products, but the permit is treated as an accessory to their primary business. Table 1 below is a summary of the number of tobacco retail permits by business category.
Table 1 – Tobacco Retail Permits in the City of Long Beach (as of June 2026) *This includes cafés, car washes, and restaurants/bars.
It is important to note that smoke shops are treated as general retail establishments per the City’s zoning regulations. This generalization allows smoke shops and smoking lounges to locate within the City’s commercial, industrial, and other special zoning districts without regard to overconcentration, clustering, or sensitive uses (e.g., youth-oriented areas) or subject to special planning entitlement processes.
Chapter 5.88 – Smoking Lounges
Chapter 5.88 of the LBMC stipulates the permit application process and operating conditions for smoking lounges. These businesses are required to obtain both a tobacco retail permit and smoking lounge permit to operate in Long Beach. It is important to note that a smoking lounge permit is only required for indoor smoking and does not apply for outdoor smoking. The definition of a “smoking lounge” in Chapter 5.88 means a private smoker’s lounge as defined in California Labor Code § 6404.5.
Unlike tobacco retail permits, smoking lounge permits are capped at eight permits citywide. As of the date of this memorandum, there are seven active smoking lounge permits and one pending. There are currently no zoning nor sensitive use buffer restrictions for smoking lounge permits, as they are treated as general retail establishments. The Financial Management Department currently oversees the administration of smoking lounge permits.
Compliance Issues
Based on staff’s understanding of the City Council request, the issues concerning tobacco retailers and smoking lounges include their proximity to youth-oriented areas and elder care facilities, and the proximity of these businesses to each other (i.e., overconcentration and clustering). Staff found these location issues to be true and have also identified multiple compliance issues with tobacco retailers. Specifically, staff have found smoke shops, convenience stores and gas stations with a tobacco retail permit selling illegal cannabis and tobacco products as well as drug paraphernalia not directly related to legal products, nitrous Business Category Total
Convenience Store 162
Grocery Store 99
Gas Station 76
Smoke Shop 67
*Misc. 11
Smoking Lounge 8
Total 423
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
oxide, kratom, and other illegal narcotics and substances. Inspection and enforcement staff have also reported issues of frequent loitering, illegal gambling rings, robberies, and firearms incidents.
The cannabis products being sold at these businesses not only undermine the legal cannabis industry locally but also threaten the safety of consumers as these products are not from an approved source which would require proper testing and labeling. Furthermore, staff found these businesses selling cannabis products that are marketed towards children, which is illegal under the state’s Medical and Adult Use Cannabis Regulation and Safety Act. In addition to cannabis products, illegal flavored tobacco products such as e-cigarettes and vapes are also being sold at some of these businesses despite being prohibited in California. The passage of Assembly Bill 3218 established the Unflavored Tobacco List effectively prohibiting the sale of all flavored tobacco products except for shisha (hookah), looseleaf pipe tobacco, and premium cigars.
Inspection staff are often unable to fully inspect tobacco retail establishments due to hidden storage compartments (located below or adjacent to the retail counter) or entire rooms that are designed to conceal illegal products. Key fobs or cards are typically required to open hidden storage compartments and concealed rooms, making it inaccessible to inspection staff.
Inspectors are also frequently denied access altogether into these establishments. Although administrative citations and fines may be issued for violations, these measures may not always deter continued noncompliance. Perpetually noncompliant tobacco retail establishments often make changes to business ownership or entity structure that can complicate enforcement and the application of enhanced penalties. These challenges can contribute to ongoing enforcement difficulties involving the same retail establishment.
Examples in Other Cities
Several cities in Southern California have recently adopted new regulations for tobacco retailers and smoking lounges. The regulatory framework varies from city to city, depending on the size and makeup of the municipality. However, common regulatory requirements include a limit on the number of permits, zoning permits such as a conditional use permit or administrative use permit, sensitive use buffers (e.g., youth-oriented areas), distance requirements between same business types to avoid overconcentration and clustering, development and operating standards, or a combination thereof. Moratoriums, legal nonconforming and amortization periods, have also been established to gradually phase out tobacco retailers and smoking lounges.
Newport Beach
In May 2026, the City of Newport Beach adopted new regulations for tobacco retailer businesses and cigar lounges.
1 This ordinance established new permitting requirements, operational standards, location restrictions, and other provisions, including but not limited to requiring all tobacco retailer businesses to obtain a Tobacco Retailer Permit. In addition, the ordinance prohibits tobacco retailer businesses from operating within 1,000 feet of each other, 500 feet from a public or private school, park or playground, civic center, cultural site, or religious 1 City of Newport Beach - Tobacco Retailer Business Ordinance Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
institution, and 500 feet from a residential zoning district or residential use. Existing tobacco retailers within these sensitive-use buffer areas may be considered legal nonconforming uses but would be required to obtain and maintain a tobacco retailer permit. The latter must be obtained within 60 days of the effective date of the ordinance.
Furthermore, the ordinance sought to address ongoing public safety concerns by strengthening the city’s oversight and enforcement of tobacco retailers involved in illegal drug sales, including cannabis, psilocybin, nitrous oxide, and prohibited tobacco products. The ordinance stipulates grounds for enforcement of permit violations including suspension and revocation, as well as seizure of illegal products.
Riverside
In July 2026, the City of Riverside adopted several zoning code amendments to establish new use-based regulations and location requirements for standalone tobacco retail (smoke shops). 2 Smoke shops are now identified as an individually regulated use and subject to new location requirements, as opposed to a general retail use that previously allowed them to be “permitted by right” in all commercial and mixed-use zones. The new location requirements prohibit smoke shops from operating within 1,000 feet of public or private school (kindergarten through twelfth grade), licensed childcare facility, assemblies of people—non-entertainment use, public park, or another smoke shop. Furthermore, smoke shops are not allowed to locate within 100 feet of any existing residential dwelling or property zoned for residential uses, excluding Mixed Use Zones.
The code amendments also established an amortization period of two years, from the effective date of the ordinance, for smoke shops that no longer comply with the zoning and location requirements. Compliant smoke shops may continue operating and renew their tobacco retail permit. Whereas noncompliant smoke shops must relocate to a compliant location or cease operations at the conclusion of the amortization period, noncompliant smoke shops may petition for a hardship extension not to exceed 12 months from the end of the amortization period.
Like the City of Newport Beach, Riverside cited rising concerns of illegal activity at tobacco retailer establishments and impacts on public health and safety. These activities include illegal sales of narcotics, cannabis products, psylocibin mushroom products, nitrous oxide gas, untaxed tobacco products, and related paraphernalia. Overall, increased calls for police service and operations exceeding activity allowed under the valid permit have been observed in association with the presence of a smoke shop.
Santa Ana
In March 2026, the City of Santa Ana adopted an ordinance and inspection fee resolution to regulate the establishment and permitting of smoke shops. 3 These regulations include restricting
the location of smoke shops and proximity to sensitive uses, requiring a conditional use permit for approval for the new smoke shop establishments, and creating new development and operating standards. The inspection fee resolution established Code Enforcement and Police 2 City of Riverside Staff Report – July 24, 2026
3 City of Santa Ana Staff Report – March 3, 2026
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
Department Smoke Shop Inspection Fees to recover the city’s costs associated with delivering corresponding services. This includes routine annual inspections and as-needed inspections for illicit activities such as sales to minors and sales of prohibited products.
Prior to the adoption of this ordinance, there was no distinction between smoke shops and general retail uses. This resulted in smoke shops being allowed to locate in commercial and other zoning districts where retail uses are allowed “by-right”, similar to Long Beach. Santa Ana found that nearly 60% of existing smoke shops were located within 1,000 feet of youth-centered land uses such as schools, parks, and childcare facilities. The adopted ordinance seeks to correct the latter by defining smoke shops as a distinct land use separate from retail and service uses and restricts the location of smoke shops to commercial zones if they obtain a conditional use permit.
In addition, the ordinance includes specific location requirements such as a 1,000-foot separation between smoke shops, 1,000-foot separation requirement from youth-centered uses including recreational facilities and schools, 1,000-foot separation requirement from an alcohol or other drug abuse recovery or treatment facility, and 500-foot separation requirement from a property zoned or used for residential purposes. Smoke shops are further prohibited from locating in buildings or tenant spaces where any storefront, signage, or pedestrian entrance is oriented towards or visible from the public right-of-way of an arterial street.
The ordinance includes nonconforming rules that allow existing smoke shops to continue operations if they have a valid Certificate of Occupancy and Tobacco Retailer License.
Nonconforming smoke shops must meet the new development and operating standards within six months of the effective date of the ordinance. These nonconforming rules were established to gradually phase out clustering of smoke shops and near sensitive uses.
Proposed Changes and Policy Considerations
Staff propose that City Council repeal Chapter 5.81 and Chapter 5.88 of the LBMC and replace these chapters with a new and consolidated regulatory framework for tobacco retailers and smoking lounges. These changes also trigger updates to the Zoning Regulations in Title 21 and Title 22 of the LBMC to ensure alignment. This approach aims to best address the request made by City Council as well as ongoing issues with tobacco retailers as previously identified by staff above.
New Definitions
Staff propose new definitions to distinguish between a smoke shop, smoking lounge, and other tobacco retail permittees such as a convenience store and grocery store. This includes defining these establishments for the purposes of issuing tobacco permits and to differentiate land uses under Title 21 and Title 22 of the LBMC.
Under Section 5.81.010 of the LBMC, a tobacco retailer is currently defined as:
“Tobacco retailer" means any person, in whole or in part, and all associated owners, employees, managers, or agents, who sells, offers for sale, or offers to exchange for any Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
form of consideration, tobacco, tobacco products or tobacco paraphernalia; "tobacco retailing" shall mean engaging in any of these things.” The current “tobacco retailer” definition in Chapter 5.81 is overly broad, lacks physical attributes of the establishment and does not distinguish between businesses that sell tobacco as a primary or accessory business activity. This issue is not unique to Long Beach. Other cities have had similar experiences with their regulatory framework and as a result proceeded with creating specific definitions for each type of tobacco retail permittee. For example, the City of Newport Beach and City of Santa Ana recently created new definitions under their zoning ordinance to distinguish between a smoke shop, smoking lounge, convenience store, and grocery store. An excerpt of these definitions is found in Attachment A.
Staff propose to adopt similar definitions to ensure consistent applicability of land use reviews and approvals for new smoke shops and smoking lounges. It is important to note that these definitions are nonexistent in the current zoning regulations under Title 21 and Title 22 of the LBMC. Likewise, the adoption of new and distinct definitions may help prevent loopholes for noncompliant tobacco retail permittees and ease enforcement operations. The creation of specific definitions also seeks to prevent unintended consequences such as inadvertently imposing new zoning or sensitive use buffer requirements on grocery stores, based on current direction provided by the City Council.
Zoning Requirements
Like cannabis businesses, tobacco retailers and smoking lounges may locate within the City’s commercial and industrial zones, as well as specific plan and planned development districts that allow for commercial uses. In alignment with best practices in other cities, staff are proposing to require a conditional use permit for new tobacco retailers and smoking lounges. Existing businesses would be exempt from this requirement. This approach is beneficial to allow for the provisions of Chapter 21.27 of the LBMC, which provides regulations and procedures which ensure that the elimination of nonconforming uses and structures occurs as expeditiously and as fairly as possible and avoids any unreasonable invasion of established property rights.
Sensitive Use Buffers
Staff propose to establish sensitive use buffers for smoke shops and smoking lounges in alignment with the existing adult use cannabis business location requirements. 4 These sensitive
use buffers were created to limit youth access to cannabis and prevent clustering and overconcentration of cannabis dispensaries within the City, as shown on the Cannabis Map. The proposed sensitive use buffers for smoke shops and smoking lounges are found in Table 2 below.
4 Long Beach Municipal Code § 5.92.420
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
Table 2 – Proposed Sensitive Use Buffers
The proposed sensitive use buffer list does not include elder care facilities such as nursing and convalescent homes, as it would severely limit the allowable area where smoke shops and smoking lounges may locate in the City. The allowable area is already severely limited, making it difficult to find a viable location according to historical feedback from cannabis businesses.
The inclusion of elder care facilities would effectively create a de facto prohibition of smoke shops and smoking lounges.
Additionally, convenience stores and grocery stores with a tobacco retail permit are excluded from the proposed sensitive use buffer requirements, as tobacco sales are not their primary business activity. However, should the City Council decide to take a more rigorous approach to best address ongoing compliance issues with tobacco retailers, convenience stores and grocery stores may be added to list of businesses required to abide by the 600-foot sensitive use buffers.
Convenience stores and grocery stores would be exempt from the 1,000-foot buffers between smoke shops and smoking lounges, under this approach.
Staff are currently in the process of developing a “Tobacco Map” to display where smoke shops and smoking lounges may locate in Long Beach. This map will closely resemble the Cannabis Map by displaying the sensitive use buffers and areas allowing smoke shops and smoking lounges within the respective commercial, industrial, or special zoning districts. The map is intended to be used as both an educational and compliance tool moving forward.
Operating Conditions
Under the new regulatory framework, staff propose to create operating conditions for tobacco retailers and smoking lounges in alignment with best practices in other cities. While the sensitive use buffers would only apply to smoke shops and smoking lounges, the operating conditions would apply to all tobacco retailers, including grocery stores and convenience stores. The operating conditions are intended to safeguard compliance with existing laws and regulations as well as new requirements for each specific business activity.
The proposed operating conditions include but are not limited to:
• Hours of Operation
• Security Standards
• Video Surveillance Requirements
• Signage And Lighting Requirements
Location Distance
Public or Private School 600 ft.
Day Care Center 600 ft.
Playground 600 ft.
Community Center 600 ft.
Library 600 ft.
Smoke Shop 1,000 ft.
Smoking Lounge 1,000 ft.
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
• Visibility Requirements
• Prohibited Products
• Limited Display of Smoking Paraphernalia
• Age Restrictions
• Prohibition of Sales via Vending Machines
A similar list of operating conditions is in place for cannabis businesses. Detailed operating conditions grant inspection staff greater enforcement ability as opposed to the limited and illdefined requirements currently in place under Chapter 5.81 and Chapter 5.88 of the LBMC.
Enforcement & Penalties
Staff propose to consolidate the City’s enforcement authority and penalties for tobacco retailers and smoking lounges into a single ordinance. The existing tobacco retail and smoking lounge ordinances (currently separate) list different departmental designees that no longer reflect current practice, and the proposed consolidation will ensure consistent enforcement across all tobacco-related businesses, and align the ordinance with the City’s interdepartmental enforcement model.
For example, Chapter 5.81 of the LBMC states: “The provisions of this Chapter shall be administered by the Department of Health and Human Services, the Long Beach City Attorney and the Long Beach City Prosecutor offices.” Whereas Chapter 5.88 of the LBMC lists the Department of Financial Management as the department authorized to administer the provisions of the chapter. These inconsistent designees create confusing, uneven and limited enforcement capabilities. The consolidated ordinance will establish a single, consistent enforcement structure for both tobacco retailers and smoking lounges.
Furthermore, the current penalty provisions for permit suspension and revocation found in Chapter 5.81 and Chapter 5.88 of the LBMC are insufficient to address ongoing compliance issues and vary greatly in terms of duration and escalation. Staff are proposing to include specific provisions for repeat violations occurring at multiple locations that have a common permittee or ownership control. This pattern of violations has been a persistent challenge, as staff have been unable to effectively stop non-compliant activities carried out by the same business owner at multiple tobacco retail locations. Administrative fines are routinely absorbed as a cost of doing business, limiting their deterrent effect.
To address this, staff propose to create a separate, tiered administrative fine structure for repeat violations. Fines would escalate with each subsequent violation, similar to the civil penalties assessed by CDTFA for noncompliant tobacco retailers. These civil penalties were recently strengthened and increased by way of the Strengthen Tobacco Oversight Programs (STOP) and Seize Illegal Tobacco Products Act, otherwise known as SB 1230.
Should an enforcement action reach the point of permit revocation, staff propose to prohibit the business owner (and all related parties) from reapplying for another permit altogether for an extended period. A similar provision is found in the existing adult-use cannabis regulations Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
prohibiting permit reapplications for a period of five years. The property owner may also be prohibited from having another tobacco retail permittee at the location for the same period, should the City Council prefer a stricter approach. Either option, compared to the existing process, will better equip staff to address the issue of business turnover at the same location in an effort to circumvent further administrative penalties.
Legal Nonconforming Businesses
Based on legal nonconforming examples in other cities, staff propose a short period (e.g., six months) for existing tobacco retailers and smoking lounges to come into compliance with the proposed operating conditions. If the operating conditions are satisfied by the deadline, then the business will be deemed as a “legal nonconforming business”. This designation allows businesses to remain at their existing location even if they do not meet the new zoning and sensitive use buffer requirements. Whereas businesses who fail to come into compliance with the operating conditions by the deadline may be subject to permit suspension and revocation or denied renewal of their permit, whichever occurs sooner. These businesses will subsequently be deemed as a “nonconforming business” and required to cease operations.
Should the City Council decide to take a more stringent approach, an amortization period may be established for all businesses in addition to the legal nonconforming provisions listed above.
Amortization, as defined by the City of National City, is a process to terminate a nonconforming use after a period of time that is sufficient to allow the owner of the property and/or business to recover their investment in the use/business.
5 It is important to note that an amortization period
may require impact studies and thus, add costs and timing constraints for implementation.
Implementing an amortization period would be a two-pronged approach, beginning as of the date the ordinance is in effect, with the amortization period running longer than the legal nonconforming period (e.g., three years). All businesses, regardless of their legal nonconforming status, must satisfy the new zoning and sensitive use buffer requirements. This will require businesses to either cease operations altogether or relocate to an allowable area before the end of the amortization period. A tobacco retail permit previously renewed for a legal nonconforming business shall become void at the end of the amortization period, if they do not cease operations or relocate to a compliant location.
Summary of Recommendations
Staff propose a set of baseline regulatory changes for tobacco retailers and smoking lounges as part of the new and consolidated ordinance. These baseline changes represent the minimum adjustments needed to modernize definitions, strengthen operating standards, and align enforcement tools with best practices. However, to meaningfully address the City’s most persistent compliance issues, particularly those involving youth access, illegal products, and retailer overconcentration, a more stringent regulatory approach may be required. Staff are presenting both the baseline changes and enhanced regulatory options for Council consideration to support the Council in determining the policy direction they wish to take. This direction is important because the level of regulatory stringency selected by the Council will directly influence the structure of the consolidated ordinance and its enforcement framework. Table 3 5 City of National City – Amortization
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
below is a summary of the proposed baseline changes along with enhanced regulatory options for select categories.
Table 3 – Proposed Baseline Changes and Potential Elevated Regulatory Approaches Category Baseline Changes Elevated Regulatory Approach
Definitions
Create new definitions to distinguish
between a smoke shop, smoking lounge,
and other tobacco retail permittees.
Zoning
Requirements
Require a Conditional Use Permit (CUP)
for new tobacco retailers and smoking
lounges.
Operating
Conditions
Create operating conditions for tobacco
retailers and smoking lounges in
alignment with best practices in other
cities.
Enforcement &
Penalties
Establish a single consolidated
enforcement structure and strengthen
penalties through tiered fines,
repeat-violation provisions, and stricter
permit-revocation consequences.
Sensitive Use
Buffers
Require sensitive use buffers to be applied
only to smoke shops and smoking
lounges. This approach would limit youth
access to tobacco, as well as illegal
products and substances, on a smaller
scale based on the number of permits
issued to smoke shops and smoking
lounges.
Require sensitive use buffers to be
applied to smoking lounges and all
tobacco retailers like convenience
stores and grocery stores. Based on
the number of permits currently
issued to convenience stores and
grocery stores and ongoing
compliance issues identified by staff,
this approach would best address
the concern of limiting youth access
to tobacco at all types of retailers, as
well as illegal products and
substances.
Legal
Nonconforming
Businesses
Implement a single approach: A shortterm period for all existing tobacco retailers and smoking lounges to come
into compliance with the new operating
conditions. The duration of this period
shall be determined by the City Council.
This approach would improve compliance
with existing tobacco retailers while
allowing them to remain at their existing
location.
Implement a two-pronged
approach: A short-term period for all
existing tobacco retailers and
smoking lounges to come into
compliance with the new operating
conditions. A longer-term
amortization period for legal
nonconforming businesses to
relocate to an allowable area that
conforms to the sensitive use buffers
and zoning requirements or cease
operations. The duration of each
period shall be determined by the
City Council. This approach would
gradually phase out the
overconcentration of tobacco
retailers and locations near sensitive
uses in Long Beach.
Update on Tobacco Retailers and Smoking Lounges Ordinance Amendments August 25, 2026
In addition to the proposed baseline changes and policy options listed above, the City Council may also establish a moratorium on the issuance of new tobacco retail permits until the new ordinance is adopted and in effect. A moratorium will prevent perpetually noncompliant business owners from opening new tobacco retail establishments in Long Beach. This may also help stabilize ongoing compliance issues and enforcement operations.
Next Steps
Staff will return to the City Council with a presentation on the proposed ordinance changes to receive feedback on the policy considerations for the regulation of tobacco retailers and smoking lounges before coming back with a final proposed ordinance change. For any questions, please contact Valencia Maria Romero, Manager of Cannabis Oversight/Assistant to the City Manager, by email at [email protected] or by phone at (562) 570-5173.
ATTACHMENT
CC: DAWN MCINTOSH, CITY ATTORNEY
DOUGLAS P. HAUBERT, CITY PROSECUTOR
LAURA L. DOUD, CITY AUDITOR
APRIL WALKER, ASSISTANT CITY MANAGER
TERESA CHANDLER, DEPUTY CITY MANAGER
MEREDITH REYNOLDS, DEPUTY CITY MANAGER
GRACE YOON, DEPUTY CITY MANAGER
TYLER BONANNO-CURLEY, DEPUTY CITY MANAGER
KEVIN LEE, CHIEF PUBLIC AFFAIRS OFFICER
MONIQUE DE LA GARZA, CITY CLERK
DEPARTMENT HEADS
ATTACHMENT A
Tobacco Retail Permit Definitions
City of Newport Beach
• Smoking Lounge – means an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee, including but not limited to establishments known as ecigarette clubs, hookah lounges, vape lounges, tobacco clubs, or tobacco bars. • Tobacco Retailer Business – means any person or establishment 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 of Newport Beach. Does not include "Alcohol Sales (off-sale)," "Alcohol Sales (off-sale), Accessory Only," "Cigar Lounge," "Grocery Store," "Hotel," "Motel," the "Sale of Premium Cigars," or "Supermarket."
City of Santa Ana
• 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”. • 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”.
• 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)”.