THE STOCKTON CITY COUNCIL has unanimously ordered a moratorium on smoke shops after hearing reports of tobacco products being sold to minors or stores carrying banned products, such as flavored vapes or cannabis-related industrial hemp.
The council’s 45-day moratorium, approved at its March 4 meeting, includes a prohibition against new smoke shops as well as a ban on the expansion or relocation of existing ones. The order is meant as a holding pattern while the city considers tougher regulations.
Councilmembers complained that some smoke shops are too close to places where youth congregate, such as schools or parks. One business, for instance, is close to Edison High School, they said.
Some of the shops have their windows covered over, in violation of current law, while others appear to not be licensed.
Currently, city law includes a requirement that all smoke shops or other stores in Stockton selling tobacco have a tobacco retail license when renewing their business license. Those shops found not to be compliance can be fined more than $1,000 and have their tobacco license revoked.
“We have simply allowed this, unbeknownst to us, to allow this to get so far out of control,” Mayor Christina Fugazi said. “Our children are not for sale.”
An educator in addition to being mayor, Fugazi said she has seen first-hand how easily students have gained access to cannabis-related or flavored tobacco products, which were outlawed in California in 2022. A new state law that took effect Jan. 1 includes a list of “permissibly unflavored” tobacco products allowed on store shelves.
Inspections and reinspections
Fugazi urged that Stockton’s laws be enhanced, suggesting that every smoke shop be inspected at least once a year. If found to have a violation, the stores should be rechecked within a specific time, such as three months, she said.
And a business’ annual license fee should cover the cost of enforcement.
City Attorney Lori Asuncion said other cities have taken similar measures, including the clear differentiation between smoke shops and other tobacco retailers like grocery stores.
Some cities have increased the minimum distance between a smoke shop and places where kids congregate — like park or schools — to 1,000 feet. The rule is 600 feet in Stockton.
There also have been limits placed on the number of shops allowed in a particular area.
Stockton has 78 smoke shops “and more coming” among the 163 retailers authorized to sell tobacco products, Asuncion said.
Councilmembers noted that the San Joaquin County Board of Supervisors also recently appeared ready to enact a moratorium on new smoke shops. The council said the same is needed in Stockton.
“While we are not attacking smoke shops, this is in the right direction of making our city healthier,” Vice Mayor Jason Lee said.
This story originally appeared in Stocktonia.