Fresno City Council adopts new rules for ‘smoke shops,’ creates conditional-use process

The Fresno City Council voted to adopt a text amendment to the citywide development code requiring a conditional-use permit for specialty tobacco and vapor retailers commonly called “smoke shops,” the council announced following its April 25 meeting.

Supporters said the CUP process gives code enforcement and police a stronger enforcement mechanism to revoke or shut down stores that repeatedly sell illegal products or otherwise harm neighborhoods. Opponents and some business owners said the CUP fee and timeline are burdensome, urged a tobacco-retail licensing alternative and asked the council to allow more time for study.

Councilmember Annalisa Perea and other sponsors framed the change as a public-safety and neighborhood-revitalization tool. “The CUP is really the crux,” Councilmember Esparza said during the debate, arguing the permit is the “off switch” the city lacks now to stop chronic violators. Councilmember Brandon Vang said he had “enough information to make an informed decision” and supported moving forward.

The ordinance creates a pathway for the city to require a CUP for smoke shops, sets standards for revocation tied to “egregious violations” and gives enforcement authority to city attorneys, code enforcement and police. During debate the council discussed alternate approaches, including a tobacco retail license model used by neighboring Clovis that charges a lower fee and funds enforcement and education. Planning staff and the city attorney said many enforcement tools already exist but that a CUP provides an additional, legally robust remedy that can culminate in court action if a business remains in violation.

City staff told the council the city has identified roughly 170 establishments operating as smoke shops; about 88–90 of those hold business licenses. Officials said many of the problematic locations had been inspected repeatedly and that illegal or unregulated products were still found in reinspections. The council and staff discussed the practical limits of shutting down businesses that operate without any license, and staff said the new ordinance is intended to add enforcement tools and to allow seizure and destruction of illegal flavored tobacco and other contraband.

A public commenter asked the council to “please just consider grandfathering at the very least the good actors,” arguing that long-standing shops that follow the law should not be driven out. Council supporters said the city would use the CUP and the ordinance language to separate compliant retailers from “bad actors.”

The council amended the motion on the record during the meeting to adopt the version submitted to the Planning Commission and removed two sponsor-proposed addenda that had been discussed earlier in the session. The ordinance passed on a 4–1–1 vote: four yes, one no, one abstention. Council President Carvassi registered the abstention; the transcript records the overall tally but does not attach names to all individual yes/no votes.

The ordinance’s effective date was discussed on the record; staff said the measure could take effect as soon as April 27, subject to the normal mayoral review period and any veto. Councilmembers and staff noted that there is an 18-month amortization/wind-down period built into implementation to allow existing businesses time to respond or transition.

Several councilmembers invited colleagues to return with alternatives such as a targeted tobacco retail license that applies citywide, saying both approaches could be complementary. Councilmember Maxwell said he planned to return with a follow-up proposal if the adopted ordinance did not produce the intended results. City staff said they would work with code enforcement and police to implement inspections, seizures of illegal products and permit processing under the new code section.

The council’s action amends the Fresno Municipal Code (file ID 25-584) and directs staff to prepare implementing materials, including application forms and guidance for enforcement. City attorneys and planning staff will post detailed requirements and timelines on the city website and will coordinate outreach to businesses in neighborhoods where concentrations of specialty tobacco retailers were cited during the debate.

The ordinance text and Planning Commission materials are part of the public file for the council meeting. The council discussion included policy trade-offs between stronger enforcement powers and the cost and timeline for small businesses to secure a CUP; several councilmembers urged continued outreach and the possibility of future legislation to refine the city’s approach.