Attachment A
Ordinance No. 2025-34: Extension of
Urgency Ordinance for Moratorium
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ORDINANCE NO. 2025-___
AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH, CALIFORNIA,
EXTENDING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF NEW
TOBACCO RETAILER BUSINESSES AND THE
RELOCATION OR PHYSICAL EXPANSION OF
EXISTING TOBACCO RETAILER BUSINESSES, ALSO
KNOWN AS SMOKE SHOPS
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach (“City”), vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, Government Code Section 65858 provides that to protect against any current and immediate threat to the public health, safety, or welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying or intends to study;
WHEREAS, the City Council adopted Urgency Ordinance 2025-31 on September 23, 2025, establishing a 45- day moratorium on the approval of granting of any permit, license, and land use entitlement for any new tobacco retailer business within the City to allow the City time to study viable solutions and municipal code amendments necessary to reasonably regulate tobacco retailers as more fully described in Ordinance No. 2025- 31;
WHEREAS, the 45-day moratorium will expire on November 7, 2025; WHEREAS, California Government Code section 65858(a) provides that, after notice pursuant to Government Code section 65090 and a public hearing, the City Council may extend Urgency Ordinance No. 2025 -31 for ten months and fifteen days and subsequently extend Urgency Ordinance No. 2025-31 for one year; WHEREAS, due notice for a public hearing requesting this temporary moratorium was given as required by Government Code Section 65090; 34 19-5
Ordinance No. 2025-
WHEREAS, pursuanttoGovernment Code Section65858(d),the City has taken stepstoalleviatetheconditionsthatnecessitatedthe adoption of Ordinance No. 2025-31 and has issued a reportdescribingthe steps taken,which is attached as Exhibit “A” and incorporatedhereinby reference;
WHEREAS, pursuant to Government Code Section 65858 and City Charter Sections 412 and 416(d) an extension of an urgency measure requiresa vote of at least six(6)CityCouncilmembers foradoption,and the extensionshall be of no further force and effectten months and fifteendays from the effectivedate of November 8, 2025; WHEREAS, Government Code Section 65858(c) provides that the legislative body shallonly extend any interimordinance pursuant to this section if the ordinance contains legislativefindingsthatthere is a currentand immediate threat to the public health,safety,or welfare,and thatthe approval of additional use permits, variances, buildingpermits, orany otherapplicableentitlementfor use which is required in order to comply with a zoning ordinance would resultinthatthreat to public health,safety,or welfare; and
WHEREAS, forreasons set forthabove and inOrdinance No. No. 2025-31, which recitalsare incorporated herein by reference,thisurgency ordinance isdeclared by the City Council to be necessary, as withoutthisordinance,the approval of additional licenses,permits,and landuse entitlementsforany new tobacco retailers or the like would resultin a current,immediate, and directthreat to the health, safety,and welfare of the community, and the recitalsabove and in Ordinance No. 2025-31 taken together constitute theCityCouncil’sstatements of the reasons constitutingsuch necessity and urgency.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The CityCouncil hereby incorporatesthe recitals set forth above and inOrdinance No. 2025-31 into thisurgency ordinance and finds,determines and declares thatthisurgency ordinance isadopted pursuant to Government Code Section 65858 and CityCharter Section 412.
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Ordinance No. 2025-
Section 2: Moratorium Extended.
Section4(A) shallbe amended to read as follows;
In accordance with the authoritygranted to the Cityof Newport Beach under ArticleXI, Sections 5 and 7 of the CaliforniaConstitution,City Charter Sections 412 and 416(d) and CaliforniaGovernment Code Section 65858, Urgency Ordinance No. 2025-31 shallbe extended fora period of 10 months and fifteendays commencing November 8,2025, and expiringon September 23, 2026. During thisextended period,the followingprohibitionsshall apply:
(1)no new tobacco retailerbusinesses shallbe establishedor operate in the City ofNewport Beach; (2)no existingtobacco retailerbusiness shall relocate or expand itsbusiness inthe City ofNewport Beach; and (3) no entitlement for use, including,but not limitedto, the issuance of a business license, buildingpermit,conditionaluse permit,minor use permit or other land use approval,shallbe approved or issued by the City ofNewport Beach for the establishment or operation of a new tobacco retailerbusiness and/or for the relocationor physical expansion of an existingtobacco retailer business.
Additionally,the establishment and operation of a new tobacco retailer business or the relocation,or physical expansion of an existing tobacco retailerbusiness is hereby expressly prohibited in all areas and zoning districtsof the City of Newport Beach.
A.
All other provisions of Crdinance No. 2025-31 shall remain in full force and effectduring the extended term of the moratorium.
Except as expressly modified in this urgency ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach MunicipalCode shallremain unchanged and shallbe in full force and effect.
Section 3:
This urgency ordinance extending Crdinance No. 2025-31 is adopted pursuanttoGovernment Code Section65858 and City Charter Sections 412 and 416(d) and shalltake effectimmediatelyupon itspassage by a vote of at leastsix (6)City Councilmembers. This urgency ordinance shallbe ineffectfrom November 8, 2025 for a period often (10) months and fifteen(15) days and by operation of law be of no further force and effectafterSeptember 23, 2026. However, after proper notice and a public hearing,the CityCouncil may by a four-fifths(4/5)vote extend thisurgency ordinance for an additionalperiod of up to one year. Ten days priorto the expiration of this urgency ordinance or any extension, a writtenreportdescribing the measures taken to alleviate the condition that led to the adoption of this ordinance shall be issued by the City of Newport Beach and shallbe availableonlineand at the City Clerk’sOffice.
Section 4:
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Ordinance No. 2025-
Ifany section,subsection,sentence, clause,or phrase of thisSection 5:
urgencyordinanceis,forany reason,heldtobe invalidor unconstitutional such decision shallnot affectthe validityor constitutionalityof the remaining portionsof thisurgency ordinance. The City Council hereby declares that itwould have passed this urgency ordinance, and each section,subsection, clause or phrase hereof, irrespectiveof the fact that any one or more sections,subsections,sentences, clauses or phrases may be declared invalid or unconstitutional.
The City Council findsthatthisurgency ordinance is not subject toSection 6:
the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to Sections 15060(c)(2) (the activitywillnot resultina director reasonablyforeseeable indirectphysical change inthe environment) and 15060(c)(3)(the activityisnot a projectas defined in Section 15378) of the CEQA Guidelines; CaliforniaCode of Regulations, Title14, Division6, Chapter 3, because ithas no potentialforresultinginphysicalchange to the environment, directlyor indirectly.In addition,the ordinance consistsof minor alterations in land use limitations and does not resultinany changes inland use or density.Itisthereforenot subjectto the CEQA review pursuant to Title14, Division6, Chapter 3, Sections 15305 and 15061(b)(3) of the CaliforniaCode of Regulations.
The Mayor shallsign and the City Clerk shallattestto the passage of thisurgency ordinance, which shallbe effectiveas of November 8, 2025. The City Clerk shallcause thisurgency ordinance, or a summary thereof,to be published pursuant to allapplicablelaws includingCharter Section 414.
Section 7:
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Ordinance No. 2025-
This ordinance was introduced and adopted as an urgency measure at a regular meetingoftheCityCounciloftheCityofNewport Beach, held on the 28th day of October, 2025, by the followingvote,towit;
AYES:
NAYS:
ABSENT;
Joe Stapleton, Mayor
ATTEST:
Lena Shumway, CityClerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Aaron C. Harp, CityAttorney
ExhibitA - CityReport Describing Steps Taken to Alleviate Conditions NecessitatingAdoption of Ordinance No.
2025-31
Attachments:
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EXHIBIT A
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10-Day Report on the City of Newport Beach’s 45-day Urgency Moratorium Ordinance establishing a temporary moratorium on the establishment and operation of new tobacco retailer businesses as well as the relocation or physical expansion of existing tobacco retailer businesses within the City of Newport Beach pending the study and development of reasonable regulations pursuant to Government Code Section 65858(d)
BACKGROUND:
On September 23, 2025, pursuant to Government Code Sections 65858 and 36937, the City Council adopted Ordinance No. 2025-31, a 45 -day urgency moratorium ordinance.
Ordinance No. 2025-0031 was adopted in an effort to protect the public health, safety, and welfare by placing a 45-day moratorium on all new tobacco retailers with the City of Newport Beach pending completion of anticipated study and development of reasonable regulations for tobacco retailers.
Under Government Code Section 65858(d), at least 10 days prior to the expiration of the 45-day ordinance, the City is to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. Issuance of this report satisfies the requirements of Government Code Section 65858(d). The 45-day moratorium is set to expire on November 7, 2025.
Measures taken to alleviate the conditions that led to the adoption of the urgency ordinance:
1. The City has assembled an internal-departmental team that will focus on the enforcement and review of potential new regulations related to tobacco retailers. This team is tasked with ensuring compliance with existing laws and identifying any illegal activities associated with tobacco sales, particularly those involving minors and illegal substances. This team will also review police activity associated with tobacco retailers to identify patterns of crime and develop regulations to better aid the City’s enforcement activity.
2. City staff has initiated its review of municipal code regulations of peer cities to identify best practices and develop effective regulations for tobacco retailers. This review is aimed at curbing the sale of tobacco products to minors and preventing the proliferation of illegal substances.
3. The City’s legal team, in close consultation with the City’s internal-departmental team, is working diligently to draft amendments to the municipal code that will address community concerns, including underage access to tobacco products and the sale of illegal substances.
4. City staff has started developing lists of tobacco retailers in the City and any potential police activity associated with that business.
The above reflects actions undertaken during this short period. Conditions continue to exist that make it necessary to extend the interim urgency ordinance currently in effect to provide 19-11
staff with the necessary time to complete their analysis and research, develop appropriate regulations, and ensure the protection of the public health, safety, and welfare.
CONTINUED NEED FOR THE MORATORIUM
Actions addressing the underlying need for the moratorium are on-going. Specifically, at the direction of Council, staff is studying and will develop reasonable regulations for tobacco retailers, including a potential use permit, to address community conce rns regarding underage access, public notification of licenses, and proliferation of retailers. These contemplated regulation changes require potential public outreach, additional study, a public hearing before the Planning Commission, and a second public hearing before the City Council. These tasks cannot be completed within the initial 45 -day period which ends on November 7, 2025. Therefore, the need for the moratorium remains and staff recommends the City Council adopt an ordinance extending the current moratorium for a period of 10 months and 15 days. Unless extended by Council, the moratorium would automatically expire on November 7, 2025. Staff intends to return to Council with code amendments in early 2026, and the extension would allow staff with sufficient time to process the code amendments.
OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the extension of the Urgency Ordinance at the City Council hearing to be held on October 28 , 202 5. The City will publish notice for this meeting pursuant to Government Code § 65090.
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