To: MAYOR AND CITY COUNCIL
From: MARC WIENER, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
title
DISCUSSION AND POSSIBLE ACTION REGARDING UPDATED DRAFT ORDINANCE LANGUAGE PERTAINING TO SMOKE SHOP REGULATIONS
PROVIDE DIRECTION ON THE FINAL ORDINANCE LANGUAGE AND SET NOVEMBER 18, 2025 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF THE PROPOSED ORDINANCE
end
EXECUTIVE SUMMARY
On April 15, 2025, the City Council reviewed the initial draft Smoke Shop Ordinance and provided policy direction. Subsequently, on July 17, 2025, the Planning Commission reviewed the draft ordinance and adopted a resolution recommending approval with modifications. A revised draft incorporating the Planning Commission's recommendations was presented to the City Council for discussion on August 19, 2025. At that meeting, the City Council directed staff to make additional changes. Staff has since prepared updated draft language reflecting those modifications, which is now submitted for City Council review ahead of the ordinance's first reading, which is recommended for scheduling on November 18, 2025.
BACKGROUND
Below is a summary of the modifications requested by the City Council at the August 19, 2025, meeting, along with staff responses detailing how each item has been addressed:
* Cap the maximum number of smoke shops at five.
o Response: The previous draft of the ordinance allowed existing legal nonconforming smoke shops to continue operating for five years following its adoption, after which the number would be reduced to ten and regulated through the Conditional Use Permit (CUP) process. At the last meeting, the City Council directed that the initial cap be lowered from ten to five. The updated draft ordinance language has been revised to allow a maximum of five CUPs during the five-year period.
* More clearly define "ancillary sales" and evaluate whether existing businesses can comply with the allowed sales by floor area for tobacco prod...
Click here for full text