San Leandro City Council
June 3, 2024

URGENCY ORDINANCE
ZONING MORATORIUM – NEW TOBACCO SALES
City Council 06.03.24
Background
▷ Staff proposing temporary
moratorium for new businesses
selling tobacco and e-cigarette
related items to address outdated
Zoning regulations that limit
enforcement options
▷ Municipal Code Chapter 4-36
Tobacco Retailers Ordinance
prohibits sale of e-cigarettes,
tobacco, and related products
without valid Tobacco Retailers
License (TRL)
▷ Zoning Code Chapter 1.12 defines
“tobacconist/cigarette store” as
business devoted primarily to the
sale of tobacco, e-cigarettes,
and/or related products:
○ > 20% floor/display area or
○ > 75% gross receipts
○ Only allowed in certain zones with
Conditional Use Permit
○ 1,500’ separation requirement from
sensitive uses – school, park, library
○ Restrictions on hours – 6am – 10pm
2 Background ▷ Zoning “loophole” allows businesses
under permitting thresholds to obtain
TRL and sell tobacco-related products
without protections
▷ Since 2021, staff has observed increase
in new “Smoke Shops” locating in San
Leandro utilizing Zoning loophole
▷ Current Zoning regulations limit
enforcement options
3 Proposed Urgency Ordinance
▷ Establish a temporary moratorium:
o Prohibit new Tobacconist/Cigarette Stores
Existing legal tobacconist/cigarette stores would not be impacted and could continue to operate
o Prohibit sale of tobacco-related products or electronic-cigarette related products in new locations (as of 6/3/24) except new Supermarkets over 20,000 sq ft
Would not prevent new businesses from being established in a location where such products are currently sold unless they qualify as Tobacconist/Cigarette Stores under the Zoning Code
4 Outreach and Next Steps
▷ Notice mailed to existing businesses with TRL
▷ If Council adopts moratorium, staff will:
○ Review codes to evaluate appropriate regulations
○ Initiate enforcement of non-compliant businesses
○ Return to Council within 45-days to evaluate need for extension ○ Return to Council with recommended Code amendments
5 June
45-day Moratorium Begins
Evaluate Existing Policies
July
Return to Council to Consider Extension
Financial Impacts
▷ No direct fiscal impact with
adoption of moratorium.
▷ Staff time related to reviewing
current Municipal Code and
Zoning Code for potential
revisions
6 Recommendation
▷ Staff recommends Council adopt urgency ordinance
enacting a zoning moratorium to prohibit:
○ Sale of tobacco-related products and electronic
cigarette-related products in new locations
○ New tobacconist/cigarette stores
7