City Council and Concurrent Authorities
April 15, 2025

Request for Extension of Urgency Ordinance no. 2025-03-04-1504Stockton City Council Meeting April 15, 2025Item 16.1 Background Per City Council Direction:The City Attorney’s Office, Police Department, Administrative Services, and Community Development Department convened to address the ongoing health and safety concerns caused by:Proliferation of tobacco retailers and smoke shopsIllegal businesses operating as smoke shopsStaff collaborated to identify key updates needed in the current Tobacco Ordinance.

Core Considerations Under ReviewLicensing & FeesReview and revise current application feesIntroduce an annual retail tobacco license feeAmend SMC 5.104.040 to require a Safety and Security Plan as part of the applicationDefinitions & Land UseProvide clear definitions distinguishing between:oPure smoke shopsoRetailers with ancillary tobacco salesReevaluate minimum distance requirements (currently 600 ft)Consider new distance requirements ranging from 1,000 ft to 2,500 ftEstablish separate distance requirements for smoke shops vs. retailers with ancillary sales Core Considerations Under ReviewReview and Update current enforcement program• Compliance Check and Monitoring oAnnual compliance check o3 month recheck for violators oCode enforcement efforts to inspect for window / door covering violationsUpdate penalties for violations •Penalties are applicable to Owner / Operator •Selling Flavored Tobacco o1st offense - $2,500o2nd offense - 15-day suspension of license to sello3rd offense - License may be put up for revocation•Selling to minorso1st violation - 30-day suspension of license to sello2nd violation - 60-day suspension of license to sell o3rd violation - License may be put up for revocation Core Considerations Under Review Licensing Caps and Additional Review AreasEvaluate establishing a cap on the number of smoke shopsMap and document smoke shop locations by districtAnalyze legal implications of a capStudy other jurisdictions with similar policiesConditional Use Permits (CUP)Consider requiring a CUP or land use permitReview impacts of CUP requirementsBenchmark against other cities’ ordinances and proceduresCoordination with CountyCoordinate with County staff to ensure consistency in policy and enforcement Summary and Recommendation Summary•Staff continues to explore comprehensive regulatory options, including strategies adopted by other jurisdictions, to preserve the public peace, health, safety, and general welfare of the Stockton community.RecommendationAdopt the extension of Urgency Ordinance No. 2025-03-04-1504, including:Findings and a temporary moratorium on the establishment, relocation, or expansion of tobacco retail businesses (smoke shops) within Stockton.