Proposed Ordinance
Amendments for
Tobacco Retailers &
Smoking Lounges
City Council Meeting
October 13, 2026
Overview
1 Background
2 Compliance Issues
3 Examples in Other Cities
4 Potential Changes
Recommendations &
Policy Direction 5
3 Background
4 Background
April 7, 2026
Request 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.
5 State Law
Cigarette and
Tobacco Products
Tax Law
Flavored Tobacco
Law
Seize Illegal
Tobacco Products
Act
Stop Tobacco
Access to Kids
Enforcement
(STAKE) Act
Strengthen
Tobacco
Oversight
Programs (STOP)
Tobacco 21 Law
6 State Regulations
• Responsible for regulating and enforcing tobacco retailers • Retailers must obtain a Cigarette and Tobacco Retailer's License California Department of Tax and Fee
Administration (CDTFA)
• 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
California Department of Public Health
(CDPH)
7 Local Regulations
• Established the permit application process and retailing requirements for tobacco retail permits
• No caps on the number of permits
• Administered by Department of Health & Human Services Chapter 5.81 – Tobacco Retail Permit
• Established the permit application process and operating conditions for smoking lounges
• Limits the number of permits to eight (8)
• Administered by Department of Financial Management
Chapter 5.88 – Smoking Lounges
8 Local Regulations
Definitions:
"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 form of consideration, tobacco, tobacco products or tobacco paraphernalia; "tobacco retailing" shall mean engaging in any of these things.
"Smoking lounge" means any business establishment that is dedicated to the smoking of tobacco products, including, but not limited to, establishments known variously as cigar lounges, hookah lounges or tobacco clubs. For purposes of this Chapter, "smoking lounge" means private smokers' lounge as defined in California Labor Code § 6404.5.
9 Local Regulations
Tobacco retailers and smoking lounges are treated as
general retail establishments. 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.
10 Tobacco Retail Permits by Business Category
Business Category Total
Convenience Store 162
Grocery Store 99
Gas Station 76
Smoke Shop 67
*Misc. 11
Smoking Lounge 8
Total 423
*This includes cafés, car washes, and restaurants/bars.
Convenience stores, grocery stores,
gas stations, and other
miscellaneous retail establishments
may sell tobacco products, but the
permit is treated as an accessory to
their primary business.
Smoking lounges are required to
obtain both a tobacco retail permit
and smoking lounge permit.
11 Tobacco Retail Permits by Council District
0 10 20 30 40 50 60
District 1
District 2
District 3
District 4
District 5
District 6
District 7
District 8
District 9
District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 Smoking Lounge 0 0 3 1 2 0 1 1 0
Smoke Shop 8 12 10 4 4 11 6 7 5
Convenience Store 19 21 13 12 16 24 18 19 20
Grocery Store 23 12 7 2 6 17 15 8 9
Gas Station 5 7 9 9 10 5 12 12 7
Other 4 1 1 1 1 2 0 0 1
Smoking Lounge Smoke Shop Convenience Store Grocery Store Gas Station Other 12 Compliance
Issues
13 Compliance Issues
Staff have identified a multitude of compliance issues with smoke shops, convenience stores, and gas stations who have a tobacco retail permit, including selling:
• Illegal cannabis and tobacco products, including products marketed towards children and flavored tobacco products
• Drug paraphernalia not directly related to legal products • Nitrous oxide
• Kratom
• Other illegal narcotics and substances.
Inspection and enforcement staff have also reported issues of frequent loitering, illegal gambling rings, robberies, and firearms incidents. 14 Compliance Issues
Inspection staff are often unable to fully inspect tobacco retail establishments due to hidden storage compartments 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.
15 16
17 18
19 20
21 Compliance Issues
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.
22 Examples in
Other Cities
23 Examples in Other Cities
Several cities in Southern California have recently adopted new regulations for tobacco retailers and smoking lounges. Common regulatory requirements include:
• Limit on the number of permits
• Zoning permits such as a CUP or AUP
• Sensitive use buffers
• Distance requirements between same business type
• Development and operating standards
Moratoriums, legal nonconforming and amortization periods, have also been established to gradually phase out tobacco retailers and smoking lounges.
24 Examples in Other Cities
May 2026 – Adopted new regulations for tobacco retailer businesses and cigar lounges. 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.
Tobacco retailer businesses are prohibited from operating within:
• 1,000 feet of another tobacco retailer
• 500 feet from a public or private school, park or playground, civic center, cultural site, or religious institution
• 500 feet from a residential zoning district or residential use.
City of Newport Beach
25 Examples in Other Cities
Existing tobacco retailers within the sensitive-use
buffer areas may be considered legal nonconforming
uses but would be required to obtain and maintain a
tobacco retailer permit. The permit must be obtained
within 60 days of the effective date of the ordinance.
City of Newport Beach
26 Examples in Other Cities
July 2026 - Adopted several zoning code amendments to establish new use-based regulations and location requirements for standalone tobacco retailers (smoke shops). 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.
Smoke shops are prohibited from operating within:
• 1,000 feet of a public or private school, licensed childcare facility, assemblies of people—non-entertainment use, public park, or another smoke shop
• 100 feet of any existing residential dwelling or property zoned for residential uses, excluding mixed-use zones.
City of Riverside
27 Examples in Other Cities
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. 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.
City of Riverside
28 Examples in Other Cities
March 2026 – Adopted an ordinance and inspection fee resolution to regulate the establishment and permitting of smoke shops. These regulations include restricting the location of smoke shops and proximity to sensitive uses, requiring a conditional use permit for approval for new smoke shop establishments, and creating new development and operating standards.
The inspection fee resolution established Code Enforcement and Police 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.
City of Santa Ana
29 Examples in Other Cities
Like Long Beach and Riverside, there was no distinction between smoke shops and general retail uses prior to the adoption of the ordinance. This resulted in smoke shops being allowed to locate in commercial and other zoning districts where retail uses are allowed “by-right”.
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.
City of Santa Ana
30 Examples in Other Cities
Smoke shops are prohibited from operating within:
• 1,000 feet of another smoke shop
• 1,000 feet of youth-centered uses including recreational facilities and schools
• 1,000 feet of an alcohol or other drug abuse recovery or treatment facility
• 500 feet of 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.
City of Santa Ana
31 Examples in Other Cities
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.
City of Santa Ana
32 Examples in Other Cities
Newport
Beach Riverside Santa Ana
All three of these cities identified severe compliance
issues with tobacco retailers such as illegal sales of
narcotics, cannabis products, psylocibin mushroom
products, nitrous oxide gas, prohibited and untaxed tobacco products, and related paraphernalia.
33 Potential
Changes
34 Potential Changes
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 include 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.
35 Potential Changes
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.
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.
New Definitions
36 Potential Changes
Examples - Newport Beach New Definitions
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 e-cigarette
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."
37 Potential Changes
Examples - City of Santa Ana New Definitions
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, overthe-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…”
38 Potential Changes
Staff propose to adopt similar definitions to ensure
consistent applicability of land use reviews and approvals for new smoke shops and smoking lounges. These definitions are nonexistent in the current zoning regulations under Title 21 and Title 22 of the LBMC.
The adoption of new and distinct definitions may help prevent loopholes for noncompliant tobacco retail permittees and ease enforcement operations.
New Definitions
39 Potential Changes
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.
Zoning Requirements
40 Potential Changes
In alignment with best practices in other cities, staff are proposing to require a CUP for new tobacco retailers and smoking lounges, depending on the location and zoning district. 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.
Zoning Requirements
41 Potential Changes
Staff propose to establish sensitive use buffers for smoke shops and smoking lounges in alignment with the existing adult use cannabis business location requirements. These sensitive use buffers were created to limit youth access to cannabis and prevent clustering and overconcentration of cannabis dispensaries within the City.
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.
Sensitive Use Buffers
42 Potential Changes
Sensitive Use Buffers
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.
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.
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. 43 Potential Changes
Sensitive Use Buffers
• Staff has developed 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 Tobacco Map can be accessed here:
https://gis.longbeach.gov/portal/apps/experienceb
uilder/experience/?id=d664a587fae04cf6b6db9e6
41778c60a&page=Page&views=Legend
44 Potential Changes
Sensitive Use Buffers
45 46
Potential Changes
Sensitive Use Buffers
12346
View of Council District:
• Overconcentration and
clustering of smoke
shops, convenience
stores, grocery stores,
and gas stations with a
tobacco retail permit.
47 Potential Changes
Sensitive Use Buffers 7 8 9
View of Council District:
• Less overconcentration
in this area of the City
• Several clusters of
convenience stores,
grocery stores, and gas
stations with a tobacco
retail permit
48 Potential Changes
Sensitive Use Buffers 4 5
View of Council District:
• Some clustering of
convenience stores,
grocery stores, and gas
stations with a tobacco
retail permit
• Overall, less prevalence
of tobacco retailers in
this area of the City
49 Potential Changes
Sensitive Use Buffers
Starr King
Elementary
Area surrounding Starr
King Elementary School
includes: • 1 Smoke Shop • 1 Smoking Lounge • 5 Convenience stores • 3 Gas Stations • 3 Grocery Stores 50 Potential Changes
Sensitive Use Buffers
First Baptist
Church School
Area surrounding these
schools includes:
• 8 Smoke Shops
• 10 Convenience stores
• 4 Gas Stations
• 12 Grocery Stores
Jenny Oropeza
Elementary
School
Renaissance
High School for
the Arts
51 Potential Changes
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.
Operating Conditions
52 Potential Changes
Operating Conditions
Hours of Operation Security Standards Video Surveillance Requirements
Signage & Lighting
Requirements
Visibility
Requirements Prohibited Products
Limited Display of
Smoking
Paraphernalia
Age Restrictions
Prohibition of Sales
via Vending
Machines
53 Potential Changes
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.
Enforcement & Penalties
54 Potential Changes
Staff propose 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.
Enforcement & Penalties
55 Potential Changes
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.
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. 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.
Enforcement & Penalties
56 Potential Changes
Based on legal nonconforming examples in other cities, staff propose a short period (e.g., 6 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.
Legal Nonconforming Businesses
57 Potential Changes
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.
Legal Nonconforming Businesses
58 Potential Changes
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.
Amortization 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. This process may require impact studies and thus, add costs and timing constraints for implementation.
Legal Nonconforming Businesses
59 Potential Changes
• 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.
Legal Nonconforming Businesses
60 Recommendations
& Policy Direction
61 Proposed Changes
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.
Recommendations & Policy Direction
62 Proposed Changes
Category Baseline Changes
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, depending on the zoning district.
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.
Recommendations & Policy Direction
63 Proposed Changes
Staff are presenting baseline and enhanced regulatory options for other areas that require City Council direction. 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.
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.
Recommendations & Policy Direction
64 Proposed Changes
Category Baseline Changes Elevated Regulatory Approach
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.
Recommendations & Policy Direction
65 Proposed Changes
Category Baseline Changes Elevated Regulatory Approach
Legal
Nonconforming
Businesses
Implement a single
approach:
A short-term 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:
1) A short-term period for all existing tobacco
retailers and smoking lounges to come into
compliance with the new operating
conditions.
2) 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.
Recommendations & Policy Direction
66 Proposed Changes
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.
Recommendations & Policy Direction
67 Next Steps
Based on feedback and policy direction provided tonight, staff may return to the City Council with the following:
• Moratorium on the issuance of new tobacco retail permits • First Reading of the Ordinance with a consolidated
regulatory framework for tobacco retailers and smoking
lounges
Valencia Romero
Manager of Cannabis Oversight/Assistant to the City Manager Grace Yoon
Deputy City Manager
Thank you!