San Joaquin County approves 45-day moratorium on new smoke-shop business licenses

The San Joaquin County Board of Supervisors on Tuesday approved an urgency ordinance that places a 45‑day moratorium on new business licenses for tobacco and smoke shops, allowing the county time to write permanent licensing and regulatory rules.

The vote followed extended debate about whether the moratorium would address the immediate public‑safety concerns raised by supervisors, Sheriff’s Office staff and community members. The board approved the measure 5-0.

The ordinance, described at the meeting as an "urgency ordinance" under the Government Code, temporarily bars issuance of new county business licenses for establishments that sell tobacco, tobacco products, tobacco paraphernalia and hemp products while staff develops a licensing program. County Counsel explained the moratorium would last 45 days and may be extended "for an additional 10 months and 15 days," giving the board roughly a year to adopt permanent rules.

The moratorium includes narrow carve‑outs intended by staff: gas stations selling fuel, liquor stores that hold a valid liquor license, and grocery stores that exceed 10,000 square feet would not automatically be swept into the prohibition. County Counsel said the language would read, in part, that new business license applications must answer whether the business will "sell, offer for sale, or offer to exchange for any form of consideration tobacco, tobacco products, tobacco paraphernalia, and hemp products" and, if so, whether the business exceeds 10,000 square feet or is a gas station or liquor store.

Why it matters

Supervisors and public‑safety officials said the moratorium is intended to prevent a rapid influx of new smoke shops while the county develops licensing rules that would permit yearly review and revocation for noncompliant operators. The sheriff’s office and other board members said existing enforcement tools are limited and the moratorium buys time to build a licensing scheme with teeth.

What supervisors and staff said

Supervisor Ding, who led much of the questioning, said the board risked missing the underlying problem if it focused only on new business permits. "I think we're missing the mark. And it isn't about the establishment of these shops. It's what we're trying to get out is the illegal distribution of products that aren't supposed to be for sale," Ding said, adding concerns about enforcement capacity and the county's ability to respond to existing businesses that violate laws or sell to minors.

County Counsel described the moratorium as a pause to allow staff to draft a new, annual license for smoke shops. "The recommendation of the task force was to... have that (license) reviewed yearly, and it could be taken away," counsel said, noting Stockton's ordinance as an example to emulate.

Lieutenant Nick Terrell of the Sheriff's Office told the board the moratorium is a necessary short‑term step: "The moratorium is what we need. It's the band aid to stop it right now. Ultimately though... we're going to end up creating an ordinance for this one issue and have teeth for this one issue." He added the sheriff's office supports creating faster, more flexible tools to remove bad actors from the community.

Supervisor Guardia said the pause "buys us time" to address clustering of smoke shops and other permit safeguards, citing three shops within a mile on a County Club corridor.

Next steps

Staff told the board it will use the moratorium period to draft amendments to county code (Titles 7 and 9 were cited) to create a new licensing requirement that would allow the county to revoke licenses for violations and set proximity or density limits where appropriate. The board can extend the moratorium up to a year and later decide whether to adopt the permanent licensing ordinance. The board voted to approve the urgency ordinance as amended, 5-0.

Ending note

Board members and law enforcement repeatedly emphasized the moratorium is a temporary measure to create a permanent regulatory framework; no new county licenses for smoke shops will be approved while the moratorium is in effect.