NS-3091 - Zoning Regulation for Smoke Shops

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WHEREAS, Santa Ana's status as one of the most densely populated cities in the United States results in a high concentration of tobacco retailers within walking distance of schools, parks, and residential land users.'; and WHEREAS, smoke shops are a type of tobacco retailer and are distributed citywide primarily along commercial corridors in close proximity to schools, parks, and residential land uses; and WHEREAS, nearly sixty (60) percent of smoke shops are located within 1,000 feet of youth-centered uses such as schools, parks, and childcare facilities, and about ninety-six (96) percent of smoke shops are located within 500 feet of residences; and WHEREAS, the City Council has observed a significant increase in the number of smoke shops in the City and, since January 1, 2024, the number of smoke shops in Santa Ana has more than doubled from seventeen (17) to forty-three (43); and WHEREAS, on December 2, 2025, the City Council directed City staff to prepare an ordinance to regulate the establishment and permitting of smoke shops to restrict their proximity to sensitive uses such as schools, parks, childcare facilities, and residences to address public health, public safety, and enforcement concerns; and WHEREAS, smoke shops have historically been treated as ordinary retail under the Santa Ana Municipal Code (SAMC), which has limited the City's ability to assess their cumulative impact on community character and public safety; and WHEREAS, there exists a compelling interest in reducing the exposure of minors to tobacco products, electronic cigarettes, and related paraphernalia, consistent with the goals of the City's Tobacco Retail Licensing program and recent prohibitions on flavored tobacco products; and WHEREAS, the City recently prohibited the sale of nitrous-oxide for recreational use via local ordinance in 2025 to close loopholes in State law and address the illicit distribution of inhalants often found in smoke shop environments; and WHEREAS, in 2025, Santa Ana Police Department personnel served twelve (12) search warrants and, as a result of the search warrants„ they discovered narcotics, loitering, and violations related to the sale of nitrous-oxide and flavored tobacco, and WHEREAS, in 2025, Santa Ana Police Department personnel received 989 calls for service for illegal and nuisance activities at smoke shops; and WHEREAS, Code Enforcement and Police Department enforcement have observed unlawful activities at smoke shops that directly impact community character, public health, and public safety; and 6 Campaign for Tobacco-Free Kids. (2023). "The Impact of Retailer Density on Youth Smoking." TobaccoFree Kids.org. 7 U.S. Department of Health and Human Services. (2024). "Tobacco-Related Health Disparities: A Report of the Surgeon General." HHS.gov. Ordinance No. NS-3091 Page 2 of 15