Smoke shops, their ‘illicit’ effects, targeted in Fresno. Why city is cracking down

Over the past three years, Fresno has a seen a proliferation of so-called “smoke shops.”

These highly-visible and heavily-advertised corner stores have popped up all across the city, purporting to sell tobacco products — but operating under a loophole in city code and, according to members of Fresno’s City Council, often in violation of state laws.

“Take a drive through central or south Fresno and see for yourself,” Councilmember Nelson Esparza said at a news conference Tuesday to outline a proposed city ordinance to regulate the businesses, which he added, “have been allowed to spring up, to this point, unabated.”

As it stands, smoke shops are not defined under city code, which means all that is required to open is a $45 business license.

It’s hard to even track how many smoke shops are in Fresno, especially since some business owners are operating multiple store fronts under a single business license. But councilmembers believe there could be hundred of stores.

Many are owned by out-of-town interests, they said, and often sell not only tobacco but cannabis and other drug paraphernalia, against California law. Some have even facilitated online gambling within the stores and have become hot spots for police and other emergency service calls.

The ordinance, which defines what smoke shops are and creates a set of requirements and regulations for their operation, is being proposed by councilmembers Esparza, Miguel Arias and Annalisa Perea.

Among other things, it would:

• Require a business to obtain a conditional use permit and a retail tobacco license, with an annual inspection by city code enforcement.
• Limit the number of smoke shops in the city to 14, with a maximum of two in each council district.
• Limit the hours of operation from 8 a.m. to 10 p.m.
• Require businesses to take training and have security plans in place, including video surveillance and lighting.

Under the ordinance, stores would not be allowed to sell e-cigarettes or flavored nicotine or have outdoor or window advertising. They also could not operate within 1,000 feet of another smoke shop or near so-called sensitive use areas, such as schools.

That would be a change, Esparza said.

Currently, there are three stores selling tobacco products near Ewing Elementary School. There are eight near Burroughs Elementary School, he said, “all advertising smoke products and tobacco to our children.”

Under the ordinance, no one under 21 will be allowed inside smoke shops.

Loitering and gambling are also specifically prohibited under the proposed rules.

Businesses in defiance of the ordinance would face fines of up to $1,000 and could eventually have their licenses revoked.

Perea has heard from her constituents, and sees the ordinance as a health and public safety initiative: “I will not surrender one more corner to these kinds of businesses,” she said.

A public comment period is now open and the councilmembers expect to have the ordinance before the council in early November. If passed, businesses would have 30 days to meet the new requirements.

The ordinance is expected to eliminate 70% of the smoke shops operating in the city. That’s dozens, if not hundreds, of businesses that could close.

Arias acknowledged this could create its own sort of blight, as commercial buildings are vacated. But the public’s health and safety are worth the risk, he said.

“A bad use is worse than an empty building. I’d rather take an empty building.”