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R
CITY ATTORNEYS OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
951) 826- 5567
ORDINANCE NO. 7733
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE
ISSUANCE OF NEW TOBACCO RETAIL ESTABLISHMENT PERMITS
WITHIN THE CITY.
WHEREAS, the City of Riverside (" City") is a municipal corporation and charter city duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to the City' s police power, the City Council of the City of Riverside City Council") has the authority to enact andenforce ordinances andregulations to protect the public health, safety, andgeneralwelfare of the community; and WHEREAS, California Government Code section 65858 authorizesthe City Council to adopt, as an urgency measure, an interim ordinance that prohibits uses which may conflict with a contemplatedgeneral plan, specific plan, or zoning proposalsthat is being consideredby the City Council, Planning Commission, or planning staff; and
WHEREAS, the City hasobservedincreasingnegativeimpacts asaresult of Tobacco Retailers, asdefinedherein, operatingthroughouttheCity, including theattractionof transientactivity, increased criminal incidentsin andaroundsuchestablishmentsanddeterioratingneighborhoodcharacter; and WHEREAS, pursuantto Chapter 6.24 of the Riverside Municipal Code, it is unlawful for any person, business, or tobaccoretailer to sell, permit to be sold, offer for sale, or display for saleany tobacco product or tobacco paraphernalia within the City of Riverside without first obtaining and maintaining avalid Tobacco Retail Establishment Permit from the City; and WHEREAS, the City Council finds that the current operation of Tobacco Retailers within the City contributes to public nuisances and quality -of -life issues that disproportionately impact vulnerable neighborhoods and burden law enforcement; and WHEREAS, the City Council is further concernedthat new Tobacco Retail establishmentswill exacerbatetheseissues, absentathoroughpolicy review andregulatoryframework; and WHEREAS, in light of theseconcerns, the City Council finds it necessaryto conducta study ontheimpactsof TobaccoRetailerswithin theCity andconsidercomprehensivezoningandregulatory measures to address their potential effects on the community; and 1 2
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23 WHEREAS, to preservethepublic peace, health, safety, andwelfare during this study period, the City Council desiresto adopta temporary, citywide moratorium on the issuanceof new Tobacco Retail EstablishmentPermits within the City; and
WHEREAS, during the moratorium period, asthat may be extendedby law, City staff will conduct a study on the impacts of Tobacco Retailers and consider comprehensivezoning and regulatory measures to address their potential effects on the community; and WHEREAS, if necessary, this moratorium may be extendedasprovided by law; and WHEREAS, this Ordinanceis aninterim urgency ordinanceadoptedpursuantto the authority granted to the City by GovernmentCode section 65858 andis for the immediate preservationof the public health, safety andwelfare. The facts constituting the urgency are:
1. The City is concernedwith the observedillegal actions and repeatedpermit violations of SmokeShops, asdefinedherein, operatorswithin the City, involving the following:
a. Illegal sales of psylocibin mushroom products; and
b. Illegal sales of cannabis/ cannabinoid products; and c. Illegal sales of nitrous oxide for prohibited purposes; and d. Illegal sales of narcotics/ narcotic paraphernalia.
2. The City is concernedwith the public nuisance and negative secondaryimpacts caused by thepermit violations of TobaccoRetailerswithin the City, involving the following:
a. City staff and law enforcement have observed that Tobacco Retailers are frequently associatedwith increased police calls for service related to theft, loitering, vandalism, andother criminal activity; and
b. SmokeShopsoperatein excessof allowed activities issuedby their permits soas to constitute a public nuisance.
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CICY ATTORNEY' S 0HICH
3900 MAIN STREET
R[ vERSmE, CA 92522
95 1) 826- 5567
d. Illegal salesof narcotics/ narcotic paraphernalia.
2. The Cityis concernedwith the public nuisanceand negative secondaryimpactscaused by the permit violationsof TobaccoRetailerswithinthe City, involvingthe following:
a. City staff and law enforcementhave observedthat Tobacco Retailersare frequently associatedwith increasedpolice callsfor service relatedto theft, loitering, vandalism, and other criminalactivity; and
b. SmokeShops operatein excessof allowed activitiesissuedby their permitssoas to constitutea public nuisance.
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28 CITY ATTORNEY' S Omco
3900 MAIN STRU T
RIVRRSmO, CA 92522
951) 826- 5567
3. The City Council desiresto investigate and study the land use andpublic safetyimpacts of Tobacco Retailers within the City of Riverside and to develop potential zoning, permitting, or other regulatory tools to address community concerns.
4. The City Council desiresto investigate and studythe implications of new statelegislation under Health & Safety Code § 104559.5, including the effects of the legislation on Tobacco Retailer operations and regulation thereof.
5. The City Council desiresto investigateandstudythe regulation of TobaccoRetailersto include the possibleeffect on andconsistencywith the City' s continuedimplementation of policies intendedto protect the public health, safetyand welfare, including Blue Zone policies.
6. Absent the adoption of this Ordinance, the issuance of new Tobacco Retailer Establishment Permits within the city, may pose a serious threat to the public health, safety, and welfare.
7. As a result, it is necessary to establish a temporary, forty-five ( 45) calendar day moratoriumontheissuanceof newTobaccoRetailEstablishmentPermitswithin theCity, pending the completion of the City' s study.
8. In addition, it is necessaryto prohibit, as apublic nuisance, the issuanceof new Tobacco Retail Establishment Permits for the duration of this Ordinance, or any extension thereof, and
WHEREAS, theCity has a compelling interestin protecting the public health, safety, and welfare of its residents and businesses, and preserving the peaceandintegrity of neighborhoods within the City; and
WHEREAS, the City finds that the issuanceof TobaccoRetail Establishmentpermits would pose a current and immediate threat to the public health, safety, and welfare, since such uses could potentially create conflicts with surrounding land uses, and could conflict with the City' s long - 3 1
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28 term planning goalsto be implementedthrough the City' s GeneralPlan, SpecificPlans, andZoning Code; and
WHEREAS, in order to addressconcernsregarding the establishmentof new TobaccoRetail establishments, it is necessary for the City to study the impact such uses will have on the public health, safety and welfare, and potentially revise the City' s existing regulations or adopt new regulations; and
CnY ATCoeNBY' s OFFICE
3900 MAIN STREET
RIVERSR) R, CA 92522
95l) 826- 5567
WHEREAS, to protectthe City' sinvestmentin its planning efforts, ensurethat the City' s long-term planning goals and strategiescan be achievedin an effective and timely manner, and to avoid a currentandimmediate threatto the public health, safety, and welfare, the City proposes adopting a moratorium on the issuance of new Tobacco Retail Establishment Permits; and WHEREAS, it is necessaryto protect the health, safety and welfare, specifically the City andthe public' s interestsin the City' s aesthetic, economic, health, safetyand community character, until additional staff review has been completed and any necessary local regulations or code revisions have been revised, adopted and otherwise made effective; and WHEREAS, there is an immediate need to preventincreasedcriminal incidentsincluding but not limitedto, theft, loitering, andvandalism, anddangerousillegal salesactivities in the City, which have the potential to affect the character, aesthetic, safetyandwelfare of the community; and
WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to enactordinancesto protect the health, safety, andwelfare of their citizens, andadoption of zoning regulations are a permissible exercise of this authority; and WHEREAS, GovernmentCode section 65958 authorizesthe City Council to adoptas an urgency measurean interim ordinance, effective immediately upon a four-fifths vote of the City Council, to protect the public health, safety, and welfare. The interim ordinance is effective for aperiod of forty-five ( 45) days, unless extended pursuant to Government Code section 65858, 11 1
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11 subdivision ( c); and
WHEREAS, this interim urgency ordinance is necessary, as statedabove, in that there is a current andimmediatethreatto the public health, safety, andwelfare from TobaccoRetail activities; I and
CITY ATTORNEYS OFFICE
3900 MAIN STREET
RIVERSIDR, CA 92522
951) 826- 5567
WHEREAS, an interim moratorium on the issuance of new Tobacco Retail Establishment Permits is required to allow the City the opportunity to consider the various policy implications of authorizing new Tobacco Retail establishmentsin the City andto develop a comprehensive approach to addressingthe threatsto the public health, safety, andwelfare from TobaccoRetail activities; and WHEREAS, the existing rules, regulations and ordinancesregarding tobacco retailer activities remain in full force and effect.
The City Council of the City of Riverside does ordain as follows:
Section 1. Incorporation of Recitals.
The aboverecitals arehereby declaredto be true and correct andrepresentthe findings of the City Council, made in the exercise of its independent judgment and that based on the above recitals, thereis animmediatethreatto the public health, safetyandwelfare. The adoption of this ordinance is necessaryfor the immediateprotection of the public health, safetyandwelfare. Said findings are hereby incorporatedby referenceand made a part of this ordinance.
Section 2. Definitions.
For the purposes of this ordinance, the following definitions shall apply:
1) " Smoke Shop" means a business with sales of tobacco, either loose or prepared as cigarettesandproductsfor the smoking of tobaccoconstituting more than 30 percentof grosssales and/ or 30 percent of net lease area.
2) " Tobacco Retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributesfreeor low-costsamplesof tobaccoproductsortobaccoparaphernalia. "TobaccoRetailing" 5 1
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28 CITY ATTORNEY' S OFFICE
3900 MAIN STREET
IVF& SIDE, CA 92522
951) 826- 5567
shallmeanthedoingof anyof thesethings. This definition iswithout regardto thequantityof tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. 3) " TobaccoRetail EstablishmentPermit" or "Permit" meansthe certificate issuedby the City which allows a facility to sell tobacco, tobaccoproducts, andtobaccoparaphernalia. Tobacco productmeansanysubstancecontainingtobaccoleaf, including, but not limited to, cigarettes, cigars, pipetobacco, hookahtobacco, snuff, chewingtobacco, dippingtobacco, bidis, or anyotherpreparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specificallyapprovedby theUnited StatesFoodandDrugAdministrationfor usein treatingnicotine or tobacco dependence.
Section 3. Purpose.
The purpose of this interim ordinance is to establish a moratorium on the issuance of new Tobacco Retail Establishment Permits within the City for the immediate preservation of the public health, safetyandwelfare.
Section 4. Authority and Findings.
Based on the findings set forth in the Recitals and incorporated herein in Section 1, Smoke Shop activities pose a current and immediate threat to the public health, safety and welfare on the citizensof the City andassuchthe City Council herebyenactsthis interim ordinanceby not lessthan a four-fifths vote, under the authority granted to it by Article XI, Section 7 of the California Constitutionandsection65858of the California GovernmentCode, which allowsthe City to adoptan interim ordinanceprohibiting land useswhich may be in conflict with a contemplatedgeneralplan, specific plan, or zoning proposal that the City Council, planning commission or the planning departmentis consideringor studyingor intendsto studywithin areasonabletime. The City Council herebydirectsthe RiversidePolice Departmentand the PlanningDivision of the Community & D
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MY ATPORT Y' s Ore[ cR
3900 MAINSTRHRT
RrvHRSR1[ i. CA 92522
951) 826-5567
Economic Development Department to work together to consider and study impacts of tobaccoretail activities and to create new or revised regulations and/ or ordinances that addresses such impacts.
Section 5. Moratorium IMposed.
In accordancewith the authority granted to the City under Article XI, section7 of the California Constitution and California Government Code section 65858, from and after the date of this ordinance, a temporary moratorium is hereby establishedon the City' s issuance of new Tobacco Retail Establishment Permits.
Section 6. Exemption.
The City' s renewal of Tobacco Retail EstablishmentPermits is specifically exemptfrom this moratorium. Theissuanceof new TobaccoRetail EstablishmentPermitswhichpertainexclusivelyto a changein ownershipof a pre-existing and lawfully operatingTobaccoRetailer are specifically exempt from this moratorium.
Section 7. Authority; Urgency Statement.
This ordinance is an interim ordinance, adopted as an urgency measure pursuant to GovernmentCode section65858 and is for the immediate and long-term preservationof the public safety, health, and welfare. The City Council hereby finds, by a four-fifths vote, that there is a current andimmediate threat to the public health, safety and welfare that warrants the establishment of a temporary moratorium on the issuance of new Tobacco Retail Establishment Permits as describedin this ordinance. The City Council herebyfinds that the approval of newTobaccoRetail Establishment Permits would result in that threat to public health, safety, or welfare. These findings arebasedupon all of the factsrecited in this ordinance, in the staff report accompanying this ordinance, all matters and information presented to this City Council at its meeting on September 16, 2025.
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20 Section 8. Effective Date and Duration.
This ordinanceshall becomeeffective immediately upon adoption if adoptedby at least four- fifths vote of the City Council, andshallremain in fall force andeffect for aperiod of forty-five (45) days from the date of its adoption unless extended by the City Council in accordancewith the provisions of California Government Code section 65858.
Section 9. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held to beunconstitutionalor otherwiseinvalid by a court of competentjurisdiction, suchinvalidity shall not affect other provisions or applications of this ordinance which can be implemented without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable.
Section 10. California Environmental Quality Act.
The City hereby finds that this ordinance is not subject to review under the California Enviromnental Quality Act ( CEQA) pursuant to CEQA Guidelines sections 15060, subdivision ( c)(2) the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision ( b)( 3) ( there is no possibility the activity in question may have a significant effect on the environment). In addition to the foregoing general exemptions, the City Council further finds that this ordinanceis categorically exemptfrom review under CEQA under the Class 8 Categorical Exemption ( regulatory activity to assurethe protection of the environment), CEQA Guidelines section 15308.
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Crrr ArrolaNny' s Orme
7900 MAIN STaORT
RIVERSIDE, CA 92522
951) 826- 5567
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ADOPTED by the City Council this 16th day of September, 2025.
CHU
Mayor Pro Tem of the City of Riverside
Attest:
DONESIA1 GAUSE
City Clerk of the City of Riverside
CITY AmRNEY' s OFFICE
3900 MAIN STREET
Itmeasn CA 92522
951) 826- 5567
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 19thdayof August, 2025, andadoptedat ameetingof theCity Council onthe 16thdayof September, 2025, by the following vote, to wit:
Ayes: Falcone, Cervantes, Conder, Mill, Perry, and Hemenway Noes:
Absent: Robillard
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this 19thdayof September2025.1 25- 0565TAT
09/ 04/ 25
City Clerk of the City of Riverside
X
Ordinances No. 7732- 7734 - Page 1 of 1
The Press- Enterprise
3512 14 Street
Riverside, California 92501
951) 368-9229
City of Riverside
3900 Main Street
Riverside, California 92522
Publication: The Press- Enterprise
PROOF OF PUBLICATION OF
Ad Desc: 0011756690
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I am a citizen of the United States. I
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entitled matter. I am an authorized
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ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
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correct.
Date: September 24, 2025.
At: Riverside, California
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