HomeMy WebLinkAboutItem 21 - Second Reading and Adoption of Zoning Ordinance Related to Smoke Shop Inspection FeesPlanning and Building Agency
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Item # 21
or City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 17, 2026
TOPIC: Smoke Shop Ordinance — Second Reading
AGENDA TITLE
Second Reading and Adoption of Zoning Ordinance Amendment No. 2026-01 to Amend
Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to Smoke
Shops
First reading March 3, 2026 City Council Meeting and approved by a vote of (7-0). Legal
notice published in the OC Reporter on March 6, 2026.
RECOMMENDED ACTIONS
Conduct a second reading and adopt an ordinance approving Zoning Ordinance
Amendment No. 2026-01 to amend several sections of Chapter 41 (Zoning) of the
Santa Ana Municipal Code (SAMC) relating to definitions, location, permitting,
development standards, and operational requirements for smoke shop
establishments; and
ORDINANCE NO. NS-3091 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO SMOKE
SHOP ESTABLISHMENTS AND FINDING THE ACTION TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE
CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND
SECTION 15061(b)(3)
2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the
project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and
15061(b)(3) of the CEQA Guidelines.
GOVERNMENT CODE 484308 APPLIES: No
Smoke Shop Ordinance — Second Reading
March 17, 2026
Page 2
DISCUSSION
On March 3, 2026, City Council conducted a first reading of an ordinance, Zoning
Ordinance Amendment No. 2026-01, to amend Chapter 41 (Zoning) of the Santa Ana
Municipal Code relating to the location, permitting, development standards, and
operational standards for smoke shops and related definitions. The ordinance, approved
7:0, requires a second reading and adoption to become effective April 16, 2026.
No changes to the ordinance were made by the City Council. However, following the
meeting, staff identified and corrected a typographical error. On page six, Section 13 of
the Ordinance, the reference to the definition of "Tobacco retailer" has been changed
from Section 18-90(f) to Section 18-90(h). A copy of the ordinance for second reading is
attached to this report as Exhibit 1.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines,
the adoption of this Ordinance ("Project") is exempt from CEQA review pursuant to
Section 15060(c)(2) because the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment; Section 15060(c)(3), because
the activity is not a "project" as defined in Section 15378; and Section 15061(b)(3),
because it can be seen with certainty that there is no possibility that the adoption of this
ordinance, which establishes land use and zoning regulations for smoke shops to protect
public health and safety, may have a significant effect on the environment. These
amendments are administrative and regulatory in nature, do not authorize specific
development projects, and are intended to prevent the over -concentration and
proliferation of smoke shops near sensitive uses. Based on this analysis, a Notice of
Exemption, Environmental Review No. 2026-08, will be filed for this Project.
FISCAL IMPACT
The proposed ordinance has a net neutral fiscal impact, as the passage of the ordinance
would generate fiscal impacts to the City in the form of additional expenditures offset by
new revenues. A new smoke shop CUP application would generate a base cost of
$13,691. Application fees include those for processing a Conditional Use Permit,
Development Project Review, and an Environmental Review. In 2026, staff estimates
conducting 38 inspections for existing smoke shops operating with permits and
Certificates of Occupancy, resulting in approximately $47,000 in total inspection fees.
Therefore, an appropriation adjustment is not required.
EXHIBIT
1. Ordinance for Second Reading
Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building
Agency
Approved By: Alvaro Nunez, City Manager
ORDINANCE NO. NS-XXXX
ZONING ORDINANCE AMENDMENT NO. 2026-01 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO SMOKE SHOP ESTABLISHMENTS AND
FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2),
SECTION 15060(c)(3), AND SECTION15061(b)(3)
WHEREAS, the City of Santa Ana, under its police power, has the authority to
enact and enforce regulations to promote the public health, safety, and general welfare
of its residents and to regulate the use of land within the City; and
WHEREAS, the City's powers to regulate and enforce laws in the area of tobacco
sales and distribution are reflected in various State laws, including California Health and
Safety Code Section 118950(e), California Business and Professions Code Section
22960(c), 22961(b), 22962(e), and 22963; and
WHEREAS, about 77% of Santa Ana's population is Latino, a population which
has been systematically pursued through predatory marketing and cultural exploitation by
the tobacco industry' and about 10% of the City's population is Asian American, a
population within which Vietnamese -American men have historically exhibited some of
the highest smoking prevalence rates in California2; and
WHEREAS, roughly 13% of the population of the City lives below the federal
poverty line3 and suffers from disproportionately high density of tobacco retailers in lower -
income census tracts compared to more affluent Orange County cities, a disparity that
creates an "inequity of exposure" by saturating the local retail environment with point -of -
sale advertising and cheap tobacco products that facilitate higher rates of nicotine
dependence in marginalized neighborhoods4,5; and
U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Hispanic or Latino: 76.7%).
Census.gov; Acevedo -Garcia, D., Et al. (2004). "The Hispanic Market: Tobacco Industry Targeting and
Surveillance." American Journal of Public health.
2 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, Califonia (Asian alone: 10.3%). Census.gov;
Tong, E.K., et al. (2010). "Smoking Prevalence and Factors Associated with Smoking Status Among
Vietnamese in California. Nicotine & Tobacco Research.
3 U.S. Census Bureau. (2023). QuickFacts: Santa Ana City, California (Persons in poverty: 12.6%).
Census.gov.
4 California Department of Public Health (CDPH). (2017). "Density of Tobacco Retailers in
California." CDPH Tobacco Control Program.
5 Centers for Disease Control and Prevention (CDC). (2024). "Health Equity: Socioeconomic Status and
Tobacco." CDC Tobacco Office.
Ordinance No. NS-####
Page 1 of 17
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 uses6,7; 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
6 Campaign for Tobacco -Free Kids. (2023). "The Impact of Retailer Density on Youth
Smoking." TobaccoFreeKids.org.
U.S. Department of Health and Human Services. (2024). "Tobacco -Related Health Disparities: A Report
of the Surgeon General." HHS.gov.
Ordinance No. NS-####
Page 2 of 17
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
WHEREAS, unlawful nuisance activities observed at smoke shop establishments
include, but are not limited to, storage of banned substances such as nitrous oxide,
whippets, and flavored tobacco; illegal gambling operations; sale of unregulated goods
such as psychedelic mushrooms, kratom, and hemp; loitering; littering; and crime linked
to cash -based operations; and
WHEREAS, between August 2025, when Code Enforcement data specific to
smoke shops was first collected, and January 2026, Code Enforcement personnel issued
two (2) Notices and Orders, five (5) Notices of Violation, and ten (10) administrative
citations for unpermitted work, unpermitted substance sales, and operation without
licensing and/or certification; and
WHEREAS, Zoning Ordinance Amendment No. 2026-01 is consistent with various
goals and policies of the General Plan, specifically, this action is consistent with Land Use
(LU) Element Goal LU-3 (Compatibility of Uses), which is intended to preserve the
character and integrity of existing neighborhoods; Policy LU-3.3 (Enforcement of
Standards), which aims to maintain a robust and proactive code enforcement program
that partners with community stakeholders and is responsive to community needs; Policy
LU-3.8 (Sensitive Receptors), which endeavors to avoid placing noxious or hazardous
uses in close proximity to sensitive land uses; Policy LU-4.6 (Healthy Living Conditions)
which encourages land use decisions that promote healthy lifestyles; Community (CM)
Element Goal CM-3 (Active Living and Well -Being), which promotes the health and
wellness of all residents; Policy CM-3.2 (Healthy Neighborhoods), which supports the
creation of healthy neighborhoods by addressing public safety, land use conflicts, and
incompatible uses; and Economic Prosperity (EP) Element Policy EP-2.3
(Complementary Businesses), which encourages the development of mutually beneficial
and complementary business clusters within the community; and
WHEREAS, on February 9, 2026, the Planning Commission held a duly -noticed
public hearing and considered the staff report, recommendations by staff, and public
testimony concerning Zoning Ordinance Amendment No. 2026-01, at which time the
Planning Commission recommended that the City Council adopt the proposed ordinance
with direction that staff evaluate certain definition(s) and location requirements and revise
the proposed ordinance accordingly; and
WHEREAS, on March 3, 2026, the City Council held a duly -noticed public hearing
and considered the staff report, recommendations by staff, and public testimony
concerning the proposed ordinance.
Ordinance No. NS-####
Page 3 of 17
THE CITY COUNCIL OF THE CITY OF SANTA ANA HERBY ORDAINS AS
FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the CEQA Guidelines, the adoption of this Ordinance ("Project") is exempt from CEQA
review pursuant to Section 15060(c)(2) because the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3),
because the activity is not a "project" as defined in Section 15378; and Section
15061(b)(3), because it can be seen with certainty that there is no possibility that the
adoption of this ordinance, which establishes land use and zoning regulations for smoke
shops to protect public health and safety, may have a significant effect on the
environment. These amendments are administrative and regulatory in nature, do not
authorize specific development projects, and are intended to prevent the over -
concentration and proliferation of smoke shops near sensitive uses.
Section 3. Section 41-44.5.1. (Convenience store) of Chapter 41 of the SAMC
is hereby added to read as follows:
Sec. 41-44.5.1. — Convenience store.
A convenience store means a retail establishment that sells a variety of products for
consumption off -premises, including, but not limited to, food and beverages, household
goods, over-the-counter medicines, magazines and other printed publications, and other
similar items.
Section 4. Section 41-42.9. (Cigarette) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-42.9. - Cigarette.
Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation
Code, including any amendments or successor statutes thereto.
Section 5. Section 41-65.6. (Grocery store) of Chapter 41 of the SAMC is
hereby added to read as follows:
Section. 41-65.6. — Grocery store.
A grocery store means a retail establishment that typically stocks a range of items,
including fresh produce, meats, dairy products, canned and packaged goods, over-the-
counter medicines, and household supplies like cleaning products and paper goods. It
can serve a neighborhood or the wider community, and while offering items of
convenience, is not considered a Convenience Store. Attributes of such establishment
Ordinance No. NS-####
Page 4 of 17
often include multiple entrances, loading docks, and interior food service such as bakeries
and butcher counters.
Section 6. Section 41-54.6. (Electronic cigarette) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-54.6. - Electronic cigarette.
Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c) of
the Revenue & Taxation Code, including any amendments or successor statutes thereto.
Section 7. Section 41-152.6. (Smoke and vapor products) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6. - Smoke and vapor products.
Smoke and vapor products include, but may not be limited to, tobacco products and
smoking paraphernalia.
Section 8. Section 41-152.6.1. (Smoke shop) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-152.6.1. - Smoke shop.
A smoke shop means any business located in a permanent, fully -enclosed building that
primarily sells or offers for sale any smoke and vapor products, but shall not include:
establishments whose business includes the incidental sale of smoke and vapor products
(such as convenience stores and grocery stores as defined by this Chapter);
establishments that sell smoke and vapor products principally for onsite consumption
(such as private smokers' lounges); or establishments operating under a commercial
cannabis business under Chapter 40 (Regulation of Commercial Cannabis Activities).
Section 9. Section 41-152.6.2. (Smoke shop operator) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6.2. - Smoke shop operator.
A smoke shop operator means all persons who own and/or operate a smoke shop. An
owner is any person who owns 5 percent or more of the smoke shop.
Section 10. Section 41-152.6.3. (Smoking) of Chapter 41 of the SAMC is hereby
added to read as follows:
Sec. 41-152.6.3. - Smoking.
Ordinance No. NS-####
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Smoking shall have the same meaning as Section 22950.5(c) of the Business and
Professions Code, including any amendments or successor statutes thereto.
Section 11. Section 41-152.6.4. (Smoking paraphernalia) of Chapter 41 of the
SAMC is hereby added to read as follows:
Sec. 41-152.6.4. - Smoking paraphernalia.
Smoking paraphernalia means any device, substance, or accessory intended for the
smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.
Section 12. Section 41-159.7. (Tobacco product) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-159.7. - Tobacco product.
Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business
and Professions Code, including any amendments or successor statutes thereto.
Section 13. Section 41-159.8. (Tobacco retailer) of Chapter 41 of the SAMC is
hereby added to read as follows:
Sec. 41-159.8. - Tobacco retailer.
Tobacco retailer shall have the same meaning as that in Section 18-90(h) of this Code.
Section 14. Section 41-683.8. (Discontinuance of nonconforming smoke shops)
of Chapter 41 of the SAMC is hereby added to read as follows:
Sec. 41-683.8. - Discontinuance of nonconforming smoke shops.
(a) All smoke shops that have a valid certificate of occupancy and tobacco retailer
license pursuant to Article III of Chapter 18 of this Code prior to the effective date
of this section, shall be deemed a nonconforming smoke shop.
(b) If a nonconforming smoke shop, as smoke shop is defined in Section 41-152.6.1,
is discontinued for a period of six (6) consecutive months, any subsequent use
must conform in every respect to the provisions of this Chapter.
Section 15. Article XXIV (Smoke Shops) of Chapter 41 of the SAMC is hereby
added to read as follows:
ARTICLE XXIV. SMOKE SHOPS
Sec. 41-2408. - Specific purposes.
Ordinance No. NS-####
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(a) In addition to the general purposes listed in section 41-1, the specific purposes of
this article are to:
(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code.
(2) Establish reasonable and uniform regulations that will reduce possible
adverse secondary effects that smoke shops may have upon the residents of
the city and preserve the integrity of existing commercial and residential areas
of the city, which are in close proximity to such commercial areas.
Sec. 41-2409. - Permitted zones and locations.
(a) Smoke shops maybe located on parcels in the C1, Cl-MID, C2, C4, C5, or C-SM
zoning districts subject to the issuance of a conditional use permit.
(1) No smoke shop shall be located within one thousand (1,000) feet of another
smoke shop, as measured from the primary entrance of the smoke shop to
the primary entrance of the nearest smoke shop.
(2) No smoke shop shall be located on a parcel located within one thousand
(1,000) feet, as measured from the primary entrance of the smoke shop to
the outermost boundary of the nearest parcel line whereon any of the
following is located:
A public park, playground, recreational area including a trail
that is immediately adjacent to a public park, or youth facility,
including, but not limited to, a boys and girls club, nursery
school, preschool, or day care facility;
A school (K-12) as defined by Section 11362.768 of the Health
and Safety Code; or
iii. An alcohol or other drug abuse recovery or treatment facility.
(3) No smoke shop shall be located on a parcel located within five hundred
(500) feet of a property zoned or used for residential purposes, as measured
from the primary entrance of the smoke shop to the outermost boundary of
the nearest parcel line of the property zoned or used for residential
purposes.
(4) No smoke shop shall be permitted within a building or tenant space where
any storefront, signage, or pedestrian entrance is oriented toward or visible
from the public right-of-way of an arterial street, as defined and designated
in the Mobility Element of the City's General Plan.
Ordinance No. NS-####
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Sec. 41-2410. - Permits and certificates.
(a) No tobacco retailer, as defined in Section 18-90 of this Code, where the sale of
tobacco is incidental to its primary use (such as a grocery store or convenience
store) shall be operated or established in the city without first obtaining the
following:
(1) An approved certificate of occupancy.
(2) A city issued business license.
(3) An approved Tobacco Retailer License issued by the Chief of the Santa Ana
Police Department, as set forth in Section 18-91 of this Code.
(b) No smoke shop may be operated or established in the city without first obtaining
the following:
(1) An approved conditional use permit.
(2) An approved certificate of occupancy.
(3) A city issued business license.
(4) An approved Tobacco Retailer License issued by the Chief of the Santa Ana
Police Department, as set forth in Section 18-91 of this Code.
Sec. 41-2411. - Development and operating standards.
The following development and operating standards shall be applied to the operation of
any smoke shop:
(a) Display. A maximum of twenty-five (25) percent of the floor area of the premises
may display smoking paraphernalia for sale or viewing.
(b) Age Restriction. No person under the age of 21 years shall enter, be in, or remain
in or on the premises of any smoke shop at any time. It shall be the affirmative duty
of the business operator to verify the age of every person entering the
establishment.
(c) Lighting. The exterior of the premises, including adjacent public sidewalks and all
parking lots under the control of the smoke shop, shall be illuminated in
accordance with the lighting requirements of the underlying zoning district, and
applicable Conditions of Approval.
Ordinance No. NS-####
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(d) Litter and Graffiti.
(1) Trash and recycling receptacles shall be provided near public entrances to
and exits from the building.
(2) The smoke shop operator shall provide for daily removal of trash, litter, and
debris from the premises and on all sidewalks that abut the premises,
including the smoke shop's parking areas.
(3) The owner of a property where a smoke shop is located shall remove graffiti
in accordance with the requirements of Sec. 10-228 of this Code.
(e) Vending Machines. Interior and exterior vending machines are prohibited.
(f) Video Surveillance.
(1) Smoke shops must equip a fully functional color digital video camera
surveillance system.
(2) The video camera surveillance system storage device or cameras shall be
transmission control protocol/TCP capable of being accessed through the
internet by the Santa Ana Police Department or their designee on request.
(3) The video camera surveillance system must continuously record, store, and
be capable of playing back images and be fully functional at all times,
including during any hours the business is closed. The system must be
maintained in a secured location inside of the business.
(4) The video camera surveillance system shall maintain the correct date and
time stamped onto the image at all times.
(5) The video camera surveillance system's camera storage capacity should be
for at least 90 calendar days. Such cameras must be capable of producing a
retrievable and identifiable image that can be made a permanent record and
that can be enlarged through projection or other means.
(6) The video camera surveillance system shall be capable of producing a digital
playback as a system feature. The Santa Ana Police Department may request
immediate viewing of surveillance footage and may request digital media in
relation to a criminal investigation; in such case, the digital media shall be
provided to an authorized representative of the Santa Ana Police Department,
upon request, within 24 hours of the request.
Ordinance No. NS-####
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(7) There shall be a minimum of three surveillance cameras placed so as to
record activities in the primary customer areas of the business; such cameras
must, at minimum, provide surveillance for all entry and exit areas, customer
parking, and the cash register. These cameras should be located on the
interior and, in some instances, the exterior of the building if necessary to
provide adequate surveillance of an exterior area. Cameras shall be of
sufficient quality to be able to identify persons and/or vehicles utilizing the
business parking lot.
(8) The interior of the business must have at least one surveillance camera
placed to focus on each cash register transaction with the view to include the
clerk as well as the customer waiting area.
(9) All interior surveillance cameras shall record in color.
(10) All exterior surveillance cameras shall record in color and have automatic low
light switching capabilities to black and white. Exterior surveillance cameras
shall be in weatherproof enclosures and located in a manner that will prevent
or reduce the possibility of vandalism.
(11) An inoperable video camera surveillance system may be cause for revocation
of the Conditional Use Permit.
(12) In the event of a security breach, vandalism, theft, or other offense, the smoke
shop operator must ensure preservation of the relevant security footage
beyond the required 90 days in coordination with the Santa Ana Police
Department.
(13) A sign shall be posted inside and at the entrance to the smoke shop indicating
that the premises are under video surveillance.
(g) Signage, Glazing, Obstructions.
(1) The provisions specified under Article XI (On -Premises Signs), and this
subsection shall apply. Where conflict may occur between the provisions of
Article XI (On -Premises Signs) and this subsection, the more restrictive
provisions shall govern.
(2) In addition to the requirements found in the California Cigarette and Tobacco
Products Licensing Act of 2003 and all updated and related state and federal
laws, including any amendments and successor statutes thereto, including
any state or Federal regulations, the following copy is required to be
prominently posted in a readily visible manner on an interior wall or fixture
and not on windows:
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"California State Law Prohibits the Sale of Tobacco Products
to Persons Under 21 Years of Age."
"No Persons Under the Age of 21 May Enter These
Premises."
iii. "No Loitering is Allowed On or In Front of These Premises."
iv. "No Smoking or Vaping Allowed on These Premises."
(3) At least 50 percent of any street -facing facade must be glazed with a clear,
non -tinted material and may not be obstructed through interior placement of
any temporary sign taped or otherwise affixed to a window or shelves, racks,
furniture, or other storage or display of products.
(4) Any signage required by law shall not exceed twenty-five (25) percent of the
area of each window.
(5) Doors must be free from signs regardless of door type or material.
(6) Advertising and signage on windows shall be placed and maintained in a
manner that ensures that law enforcement personnel have a clear and
unobstructed view of the interior of the business, including the area in which
the cash registers are maintained, from exterior public sidewalks, parking lots,
or entrance to the business.
(7) Any smoke shop located within 1,000 feet of a sensitive use, as listed in
Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a manner
visible from the outside of the smoke shop, such as from a public
thoroughfare, sidewalk, or parking lot.
(h) Loitering and Other Nuisance Activities.
(1) The operation of a smoke shop shall not result in repeated nuisance activities
on the property, which may include, but are not limited to, disturbances of the
peace, illegal drug activity, public intoxication, drinking in public, smoke and
vapor product sales to minors, harassment of passersby, gambling,
prostitution, sale of stolen goods, public urination, theft, assaults, batteries,
acts of vandalism, loitering, excessive littering, graffiti, illegal parking,
excessive loud noises (especially in the late night or early morning hours),
traffic violations, curfew violations, lewd conduct, or other violations of local,
state, or federal laws, especially when contributing to a proportionally high
rate of police reports and arrests to the area. Any violation of this section shall
be considered an egregious violation of this ordinance and a public nuisance
Ordinance No. NS-####
Page 11 of 17
that is imminently dangerous to life, health, safety or adjacent property such
that it requires immediate correction or elimination. Such a violation shall
subject the smoke shop operator to immediate suspension pursuant to
Section 41-650.5 or to revocation of the smoke shop's Conditional Use Permit
pursuant to Section 41-651 of this Code.
(2) The smoke shop operator shall post the property with the appropriate signs
advising that consumption of alcoholic beverages, gambling, trespassing, or
loitering on private property is a violation of the SAMC. The smoke shop
operator shall ensure that a form is submitted to the Santa Ana Police
Department, notarized, signed, and dated by the property owner(s) every 12
months, that authorizes Santa Ana Police Department peace officers to enter
the smoke shop premises and remove trespassers when the business is
closed to the public, in accordance with Section 602(o) of the California Penal
Code, including any amendments or successor statutes thereto.
(i) Training.
(1) Initial Training. The smoke shop operator and all employees of the smoke
shop who are involved in the sale of smoke and vapor products must
complete approved course(s) in training of smoke and vapor product sales
and handling within 60 days after approval of the Conditional Use Permit, or
for employees hired after the approval of the Conditional Use Permit, within
60 days from the date of hire. Existing smoke shop operators and employees
shall have 60 days from the effective date of this ordinance to come into
compliance with the training requirement, and thereafter new operators and
employees shall obtain the necessary training within 60 days of the date of
hire or from the date of ownership. To satisfy this requirement, a program
must meet the standards of the California Department of Public Health, or
other certifying or licensing body designated by the State of California, in the
Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the smoke shop
operator is a legal entity, the manager or executive responsible for the smoke
shop shall obtain the requisite training, as well as all employees.
(2) Annual Training. The smoke shop operator and all employees shall also be
required to complete annual trainings, which comply with state standards,
including changes to tobacco sales laws and regulations. Smoke shops shall
be required to keep up-to-date records, such as certificates of completion,
which prove that all individuals listed above have completed the requisite
annual trainings and shall furnish these records to the City during inspections
and upon a reasonable request from the City.
Q) Compliance with Laws. The smoke shop must remain in compliance with all local,
state, and federal laws, regulations, and orders, as well as all Conditions of
Approval imposed on the use.
Ordinance No. NS-####
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(k) Posting of Conditions. A copy of all conditions of approval and training
requirements shall either be posted in a conspicuous and unobstructed place near
the entrance, cashier counter, or customer service area of the smoke shop or
posted in an employee area and provided upon request (e.g., via flyer or brochure)
to patrons and enforcement officials.
(1) Prohibited Products. The sale or distribution of one or more of the following is
prohibited.
(1) Cannabis or Cannabinoid products. Sale of this product shall immediately
subject the smoke shop to Conditional Use Permit revocation proceedings
pursuant to Section 41-651 of this Code.
(2) Drug paraphernalia not directly related to legal smoke and vapor products.
(3) Nitrous oxide.
(4) Any kratom product.
(5) Flavored tobacco. Sale of this product shall immediately subject the smoke
shop to Conditional Use Permit revocation proceedings pursuant to Section
41-651 of this Code. Should flavored tobacco products be found during an
inspection of the smoke shop, the Santa Ana Police Department may seize
and destroy said products.
(6) Other products prohibited by law.
(7) Alcoholic beverages, unless otherwise permitted by a valid City issued permit
that is in existence prior to the date of the adoption of this ordinance.
(m) Hours of Operation. All smoke shops may only conduct business transactions
between the hours of 7:00 a.m. and 11:00 p.m. daily.
(n) Additional Requirements.
(1) Smoke shop operators and/or applicants shall submit a security plan
consistent with Santa Ana Police Department policy on the sale of age -
restricted materials. Prior to the approval of a Conditional Use Permit, the
applicant shall prepare and submit for review by the Chief of the Santa Ana
Police Department, or designee, a security plan for approval. Approval of
the security plan by the Chief or their designee shall not be unreasonably
denied. The contents of the security plan shall be incorporated as
Conditions of Approval to the Conditional Use Permit. As a part of the
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annual inspection process conducted pursuant to Sec. 41-2411(n)(5), the
security plan shall be resubmitted for approval by the Chief or designee.
(2) The Director or designee may require the smoke shop operator and/or
applicant to submit additional information, of such type and in such form as
the Director may specify, as the Director may deem relevant to the
application, including, but not limited to, an operational statement, floor
plans, architectural renderings, and technical studies, as appropriate.
(3) The Director or designee may refer an application to other City departments
to determine whether the smoke shop's location will comply with building,
health, zoning, and fire ordinances or other applicable ordinances or laws.
City departments may conduct an inspection of the premises to determine
compliance with the ordinances and other laws they administer, and may
subsequently prepare reports summarizing their inspections.
(4) Additional security measures such as reduced hours of operation, security
guards, door monitors, and/or burglar alarm systems may be required if
nuisance or related problems are demonstrated to occur as a result of
business practices or operations. This will be determined on a case -by -case
basis upon review by the Santa Ana Police Department.
(5) Smoke shops shall be subject to routine unannounced inspections at least
annually, to ensure compliance with this section and any additional
conditions of the Conditional Use Permit. The smoke shop operator shall
reimburse the City for the cost of such inspection(s) pursuant to the City's
Miscellaneous Fee Schedule. If an annual inspection results in a finding that
a smoke shop operator is not in compliance with this section or the specific
conditions of the Conditional Use Permit, that finding may be used as a
basis for amending or revoking the Conditional Use Permit, pursuant to
Section 41-651 this Code.
If a smoke shop is determined to be out of compliance with its Conditions
of Approval, the person or entity acting as the smoke shop operator shall
be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1
of this Code, as set by City Council resolution. The fine structure shall
consist of progressively higher fines for violations occurring within one
year of a prior violation. In addition, upon a fourth violation being upheld
within a three (3) year period of the first violation, the Conditional Use
Permit for the business may be subject to revocation. Fines shall be
levied in accordance with the Miscellaneous Fee Schedule.
Sec. 41-2412. - Existing Smoke Shops.
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Smoke shops that are in existence upon the effective date of this article and that do not
have a conditional use permit to operate shall have six (6) months from the effective date
of this article to comply with the standards in Section 41-2411 of this Article.
Sec. 41-2413. - Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the
regulated smoke shop uses. Such uses must comply with any and all applicable
regulations imposed in other articles of Chapter 41 of this Code, other city ordinances
and state and federal law. Should a conflict exist between the provisions of this article
and the provisions of other articles of Chapter 41 of this Code, the provisions of this article
shall prevail.
Section 16. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 17. The City Council of the City of Santa Ana hereby adopts an
ordinance amending various sections of Chapter 41 (Zoning) of the Santa Ana Municipal
Code pertaining to smoke shop establishments. This approval was based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
Request for City Council Action dated March 3, 2026, and exhibits attached thereto; and
the public testimony, all which are incorporated herein by reference.
Section 18. This ordinance shall become effective thirty (30) days after its
adoption.
Section 19. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this day of )2026.
Valerie Amezcua
Mayor
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APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
m
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSTAIN:
Councilmembers:
NOT PRESENT:
Councilmembers:
Ordinance No. NS-####
Page 16 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , City Clerk, do hereby attest to and certify that the
attached Ordinance No. NS- to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Ordinance No. NS-####
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