Fresno council deadlocks 3-3 on ordinance to regulate smoke shops after months of debate

The Fresno City Council voted 3-3 on March 13 on a proposed text amendment to the city’s development code that would have defined “smoke shops,” limited their number and imposed a conditional-use permitting and operational regime for new and existing establishments.

The measure was sponsored by Vice President Miguel Arias and co-sponsors, who said the change was needed after city inspections documented widespread illegal activity at numerous smoke shops. “95 percent of them were engaging in selling illegal tobacco products which they knew was illegal for them to sell,” Vice President Arias said during the debate, summarizing the city’s recent inspection results.

Council supporters said the ordinance sought to create a clear legal definition and tools—location buffers, operating-hour limits, signage rules, annual inspections and fines—to stop illicit sales of flavored tobacco, unlicensed cannabis products and in some cases gambling and weapons. “These establishments . . . were attracting the criminal element and increasing crime in the area,” Arias said, citing joint inspections by code enforcement, the state attorney general and police.

Opponents and many business owners told the council the ordinance…