La Habra council directs staff to pursue amendments and temporary moratorium on smoke shops

La Habra — Citing a rise in retail outlets that list tobacco as a primary product, the La Habra City Council on Aug. 4 directed staff to draft amendments to the municipal code and an urgency ordinance to establish a temporary moratorium on new smoke shops. The motion passed unanimously.

Susan Kim, the city’s director of community and economic development, told the council the municipal code does not currently define “smoke shop” as a land‑use category; instead the code regulates tobacco sales generally and defers location rules to the zoning code. Kim said the city has 68 active state tobacco licenses, about 20 of which the city considers smoke shops where tobacco is the main product.

“Between 2008 and 2018 we saw six smoke shops established; in the last five years we’ve seen 14 established,” Kim said, noting the recent, faster pace of openings. Kim described three regulatory options: an urgency moratorium to temporarily bar new smoke‑shop land uses (which requires specific findings and typically a four‑fifths vote to extend), a local tobacco‑retailer licensing program that can include fees and compliance checks, and use of conditional‑use permits and separation distances to limit new locations near schools or parks.

Kim cited examples from nearby cities, including Gardena, Stanton, Fullerton and Anaheim, which have used temporary moratoria, licensing, or separation rules as part of their regulatory toolkits. She also noted that state law sets a minimum purchase age of 21, requires retailer licensing and permits state enforcement actions; cities may adopt more stringent local rules.

During public comment, residents urged immediate action. Mariana, who identified herself from La Habra, said the number of smoke shops and their proximity to schools concerns parents and the broader community: “I would urge you to proceed with the moratorium, renew the moratorium if necessary so that we get the best ordinance,” she told the council. Norma Perez, another resident speaker, thanked the council and staff “for taking this first step” to limit new stores because of youth health concerns.

Councilmembers discussed implementation options. One asked whether a moratorium would impose new fees or restrictions on existing retailers; staff replied a temporary moratorium would not add fees or new burdens to businesses already operating, though a license program would apply to existing retailers if council chose that route. Kim said staff could have an urgency ordinance prepared in 45 days but that council deliberation and Planning Commission review for a permanent code change would take longer; staff estimated an ordinance could be brought to council by the second meeting in September.

The motion — to initiate amendments to the La Habra Municipal Code related to smoke shops and to direct staff to prepare an urgency ordinance to establish a temporary moratorium on smoke shops — passed unanimously. Staff indicated the next steps include notifying existing tobacco retailers, preparing public notices and returning to Planning Commission and council with proposed amendments and an urgency moratorium ordinance.