La Habra extends moratorium on new smoke shops, directs staff to study enforcement, licensing and density

The La Habra City Council on Sept. 15 voted 4-0 to extend an urgency moratorium on new smoke shops for an additional 10 months and 15 days while staff prepares municipal code amendments or alternative regulatory approaches. Council members also directed staff to study enforcement and inspection options, a possible city licensing fee for tobacco retailers, geographic density restrictions and available evidence about links between tobacco retailer density and crime.

Susan Kim, director of community and economic development, outlined the background: council directed code amendments in August and adopted an initial 45‑day urgency ordinance on Aug. 18 to prohibit new smoke shops through Oct. 2. Staff told the council the proposed moratorium extension is intended to give time to complete draft municipal code changes or to develop a licensing/permit program covering all tobacco retailers. Kim reviewed Planning Commission deliberations, where the commission voted 3‑1 to recommend the council not approve the proposed amendments; commissioners raised concerns about singling out a device, adult choice and fairness to existing businesses, and some recommended a licensing approach that would apply to all tobacco retailers.

Public commenters told the council they supported the moratorium because of youth access and neighborhood impacts. Frank Kroll said he supported the extension and expressed concern about youth access to tobacco and marijuana products near schools. A coalition speaker who preferred Spanish translation said she sees cigarette and vaping litter in parks and described a child finding and using a discarded vaping product; a USC tobacco policy researcher, Yannette Rodriguez, offered neutral, research‑based comments by email and in person, saying jurisdictions with stronger tobacco retail licensing and higher license fees have seen lower youth initiation of smoking and vaping.

Council discussion centered on achieving a balanced approach. Council Member Lampkin moved to adopt the urgency ordinance extension and to direct staff to study four areas: (1) increased inspection and enforcement options and associated costs; (2) a city licensing fee or annual fee for current and new tobacco retailers to offset program costs; (3) density restrictions for tobacco sellers and what other cities have done; and (4) evidence of relationships between tobacco retailer density and crime. Mayor Pro Tem Medrano seconded; the motion carried 4-0. The city attorney advised the council that state law permits an initial 45‑day urgency ordinance and allows extensions as described by staff; staff noted a future extension or ordinance could be brought back if more time is needed.

Staff cautioned that creating a proactive inspection or enforcement program would carry staffing and funding needs and that a licensing fee could be structured to offset enforcement costs. The council asked staff to include cost estimates and possible program designs when it returns with draft amendments or recommendations.