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CITY ATTORNEY' S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
951) 826- 5567
ORDINANCE NO. 7741
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, TO EXTEND URGENCY ORDINANCE NO.
7733 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF NEW
TOBACCO RETAIL ESTABLISHMENT PERMITS WITHIN THE CITY.
WHEREAS, on September 16, 2025, the City Council for the City of Riverside adopted an urgency ordinance, Ordinance No. 7733, establishing a moratorium on the issuanceof new Tobacco Retail Establishment Permits within the City of Riverside (" City") pursuant to California Government Code section 65858; and
WHEREAS, since the adoption of the moratorium, staff has continued to meet internally to explore and review the impacts of Tobacco Retailers within the City and consider comprehensive zoning and regulatory measures to address their potential effects on the community; and WHEREAS, staff supports the decision to extend the moratorium while City Council considers the various options and to allow staff to prepare any necessary code amendments for future consideration; and
WHEREAS, additional time is neededin order to thoroughly develop appropriateregulations asdictated by the City Council; and
WHEREAS, this Ordinance shall extendthe existing moratorium for aperiod of no more than 10 months and 15 days with an expiration date of September 15, 2026; and WHEREAS, if necessary, this moratorium may be again extendedasprovided by law; and WHEREAS, this Ordinance extension of the moratorium is necessarybasedon the following findings:
1. The City is concerned with the observed illegal actions and repeated permit violations of Smoke Shops, as defined herein, operators within 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.
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27 CITY ATTORNEY' S OFFICE
3900 MAN STREET
RIVERSIDE, CA 92522
951) 826- 5567
2. The City is concernedwith the public nuisance and negative secondaryimpacts caused by the permit violations of Tobacco Retailers within the City, involving the following:
a. City staff and law enforcement have observed that Tobacco Retailers are frequently associated with increased police calls for service related to theft, loitering, vandalism, and other criminal activity; and
b. Smoke Shops operate in excess of allowed activities issuedby their permits so as to constitute a public nuisance.
3. The City Council desires to investigate and study the land use andpublic safety impacts 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 desires to investigate and study the implications of new state legislation under Health & Safety Code § 104559. 5, including the effects of the legislation on Tobacco Retailer operations and regulation thereof.
5. The City Council desiresto investigate and study the regulation of Tobacco Retailers to include the possible effect on and consistency with the City' s continued implementation of policies intended to protect the public health, safety and 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 extend the moratorium on the issuance of new Tobacco Retail Establishment Permits within the City for an additional 10 -months and 15 - days, pending the completion of the City' s study.
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CITY ATTORNEY' S OFFICE
3900 MAN STREET
RIVERSIDE, CA 92522
951) 826- 5567
8. In addition, it is necessaryto prohibit, as a public nuisance, the issuance of new Tobacco Retail Establishment Permits for the duration of this Ordinance, or any extension thereof; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses, and preserving the peace and integrity of neighborhoods within the City; and
WHEREAS, the City finds that the issuance of Tobacco Retail Establishment permits 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- term planning goals to be implemented through the City' s General Plan, Specific Plans, and Zoning Code; and
WHEREAS, there is an immediate need to prevent increased criminal incidents including but not limited to, theft, loitering, and vandalism, and dangerous illegal sales activities in the City, which have the potential to affect the character, aesthetic, safety and welfare of the community; and
WHEREAS, in order to addressconcernsregarding the establishmentof new TobaccoRetail establishments, it is necessary for the City to study the impact such uses have on the public health, safety and welfare, and potentially revise the City' s existing regulations or adopt new regulations; and
WHEREAS, California Government Code section 65858 authorizesthe City Council to, after notice andpublic hearing, extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year by a four- fifths vote for adoption; and WHEREAS, the City Council held a duly noticed public hearing on October 21, 2025, and considered all oral and written evidence presented regarding the extension of the interim ordinance. 3 1
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CITY ATTORNEY' S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
951) 826- 5567
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 and represent the findings of the City Council, made in the exercise of its independent judgment and that based on the above recitals, there is an immediate threat to the public health, safety and welfare. The adoption of this ordinance is necessary for the immediate protection of the public health, safety and welfare. Said findings are hereby incorporated by reference andmade a part of this ordinance.
Section 2. Purpose.
The purpose of this ordinance is to is to continue a moratorium establishedby OrdinanceNo. 7733, adopted on September 16, 2025, on the issuance of new Tobacco Retail Establishment Permits within the City for the immediate preservation of the public health, safety and welfare.
Section 3. Authority and Findings.
Based on the findings set forth in the Recitals and incorporated herein in Section 1, the City has a compelling interest to protect the health, safety and welfare, specifically the City and the public' s interests, in the City' s aesthetic, economic, health, safety and community character, and as such the City Council hereby desiresto extend the interim urgency ordinance, by not less than a four- fifths vote, under the authority grantedto it by Article XI, Section 7 of the California Constitution and section 65858 of the California Government Code, which allows the City to extend an interim ordinance prohibiting land useswhich may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. The City Council hereby finds that the approval of new Tobacco Retail Establishment Permits would result in that threat to public health, safety, or welfare. These findings are based upon all of the facts recited in this ordinance, in the staff report accompanying this ordinance, all matters and information presented to this City Council at its meeting on October 21, 2025. The City Council hereby directs the Riverside Police 4 1
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CITY ATTORNEY' S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
951) 826- 5567
Department and the Planning Division of the Community & Economic Development Department to work together to consider and study impacts of tobacco retail activities and to create new or revised regulations and/ or ordinances that addresses such impacts.
Section 4. Moratorium Imposed.
The moratorium on the City' s issuance of new Tobacco Retail Establishment Permits is hereby extended until September 15, 2026. All terms, definitions and findings from Ordinance No. 7733 arehereby incorporated into this Ordinance andmade apart of this Ordinance.
Section 5, Effective Date and Duration.
This ordinance shall become effective immediately upon adoption if adoptedby at least four- fifths vote of the City Council and shall extend the interim ordinance for 10 months and 15 days until September 15, 2026, unless extended by the City Council in accordance with the provisions of California Government Code section 65858.
Section 6. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity 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 7. California Environmental Quality Act.
The City hereby finds that this ordinance is not subject to review under the California Environmental 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 ordinance is categorically exempt from review under CEQA under the 5 1
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CITY ATTORNEY' S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
951) 826- 5567
Class 8 Categorical Exemption ( regulatory activity to assure the protection of the environment), CEQA Guidelines section 15308.
Section 8: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside.
ADOPTED by the City Council this 21st day of October, 2025.
CHUCK GIIER
Mayor Pro Tem of the City of Riverside
Attest:
DONESIA GAUSE
City Clerk of the City of Riverside
I, DonesiaGause, City Clerk of the City of Riverside, California, hereby certify that the foregoingordinancewasduly andregularlyintroducedandadoptedatameetingof theCity Council on the 21st day of October, 2025, by the following vote, to wit:
Ayes: Falcone, Cervantes, Robillard, Conder, Mill, Perry and Hemenway Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this 24th day of October, 2025. 312189 TAT 10/ 02/ 25
DONESIA GJIUSE
City Clerk of the City of Riverside
6 TIE PRESS -ENTERPRISE
KEEP ! BYES ON riir ' PRISE
pocnm
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: 0011761888
FILE NO. 0011761888
PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above -
entitled matter. I am an authorized
representative of THE PRESS -
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 a printed copy, has
been published in said newspaper in
accordance with the instructions of the
person( s) requesting publication, and
not in any supplement thereof on the
following dates, to wit:
10/ 2612025
I certify ( or declare) under the penalty
of perjury that the foregoing is true and
correct.
Date: October 26, 2025.
At: Riverside, California
Signature
ORDINANCE NO. 7735
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING SECTION 1. 17. 121( A) OF THE RIVERSIDE
MUNICIPAL CODE TO ADD CHAPTER 5. 85 IN THE INCLUDED
LIST, AND THE TITLE OF SECTION 9. 40. 120 OF THE RIVERSIDE
MUNICIPAL CODE REGARDING APPEAL RELATED TO
UNIFORM APPEAL PROCESS FOR JUNK DEALER AND SCRAP
METAL RECYCLERS AND ADULT- ORIENTED BUSINESSES.
Ayes: Falcone, Cervantes, Roblllarcl, Conder, MIII, Perry and Hemenway
ORDINANCE NO. 7736
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING CHAPTER 3. 30 OF THE RIVERSIDE MUNICIPAL
CODE, TO AMEND AN EXISTING CATEGORY TITLE TO THE
SCHEDULE OF REGULATION, PRODUCTS, AND SERVICES.
REGARDING COMMERCIAL CANNABIS PERMIT FEES.
Ayes: Falcone, Cervantes, Roblllard, and MII
Noes: Conder and Perry
Abstain: Hemenway
ORDINANCE NO. 7737
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING TABLE 20. 15. 010
AND DELETING SECTIONS 20. 15. 085 AND 20. 30. 030 IN THEIR
ENTIRETY REMOVING HISTORIC PRESERVATION FUND
PROGRAM AND HISTORIC PRESERVATION COMMITTEE.
Ayes: Falcone, Cervantes, Roblllard, Conder, MITI, Perry and Hemenway
ORDINANCE NO. 7738
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING CHAPTER 2. 90 OF THE RIVERSIDE MUNICIPAL
CODE REGARDING THE MEMBERSHIP OF THE BUDGET
ENGAGEMENT COMMISSION.
Ayes: Falcone, Cervantes, Roblllard, Conder, MITI, Perry and Hemenway
ORDINANCE NO. 7739
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING RIVERSIDE MUNICIPAL CODE CHAPTER
9. 60 ESTABLISHING LIABILITY FOR EXTRAORDINARY
RESPONSES TO CERTAIN EMERGENCY INCIDENTS AND
DANGEROUS PROPERTIES.
Ayes: Falcone, Cervantes, Roblllard, Conder; Mill, Perry and Hemenway
ORDINANCE NO. 7740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AMENDING VARIOUS SECTIONS IN
TITLE 6 OF THE RIVERSIDE MUNICIPAL CODE REGARDING
RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL.
Ayes: Falcone, Cervantes, RoblIla rcI, Conder, MITI, Perry and Hemenway
ORDINANCE NO. 7741
AN ORDINANCE OF TI -IE CITY COUNCIL OF THE CITY OF
RIVERSI DE, CALI FORN IA, TO EXTEN D URGENCY ORDINANCE
NO. 7733 ESTABLISHING AMORATORIUMON THE ISSUANCE OF
NEW TOBACCO RETAIL ESTABLISHMENT PERMITS WITHIN
THE CITY, FOR ADD ITIONAL TEN MONTHS AND FIFI EEN
DAYS WITH EXPI RATION DATE OF SEPTEMBER 15, 2026.
Ayes: Falcone, Cervantes, Robillnrrd, Conder, Mill, Perry and Hemenway
ORDINANCE NO. 7742
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING TITLE 16 OF THE RIVERSIDE MUNICIPAL CODE
BY ADDING SECTIONS 16. 04. 430, 16. 06. 050, 16. 08. 100 AND 16. 14. 030
REGARDING THE PLAN CHECK SELF - CERTIFICATION
PROGRAM.
Ayes: Falcone, Cervantes, Roblllard, Conder, Mill, Perry and Hemenway
Full copes of the ordinances adopted by the City Council on October 21, 2025, erre available at www., r_.IV.er_ ideca,,, cloy and In the Office of the City Clerk, CIty Hall, 3900 Main Street, Riverside, California.
The Press - Enterprise
DONESIA CAUSE
CIty Clerk
ORDINANCE 7735- 7742 - Page 1 of 2