Santa Ana City Council approves new regulations for smoke shops to protect public health

The Santa Ana City Council unanimously approved new rules to limit the operation of smoke shops near homes, schools and other non-commercial areas on Tuesday, March 17, in a move to protect public health, improve neighborhood safety and prevent overconcentration of smoke shops.

The zoning ordinance amendment limits the operation of smoke shops to certain commercial districts only after they've obtained a Conditional Use Permit from the City. The ordinance creates distance requirements to protect public health, including:

• 1,000-foot separation from youth-centered locations, including recreational facilities, schools and childcare facilities
• 500-foot between smoke shops and residential areas
• 1,000-foot separation between smoke shops to prevent clustering

"Our top priority is protecting the health and safety of our community, especially our children," Mayor Valerie Amezcua said. "These new regulations ensure that smoke shops are located a responsible distance from schools, parks and other places where young people should be able to learn and play without exposure to harmful products. This is a balanced, common-sense step that allows local businesses to operate while reinforcing our commitment to public health and the quality of life of the entire Santa Ana community."

The ordinance creates a definition of smoke shops, establishes development and operating standards, and requires annual inspections. The City Council has also adopted fees to cover the City's costs of the annual inspections.

Since January 1, 2024, the number of smoke shops in Santa Ana has increased from 17 to 43 locations (38 licensed and five unlicensed). About 96 percent of all documented smoke shops are located near neighborhood retail centers, which raises concerns about public health, safety and enforcement. Nearly 60 percent are within 1,000 feet of youth-centered uses.

Under the new rules, existing smoke shops that have a valid Certificate of Occupancy and Tobacco Retailer License will be considered nonconforming smoke shops. Nonconforming smoke shops must comply with new operating and development standards within six months.

The Planning and Building Agency and Police Department will conduct joint inspections at least once per year. Inspections will review compliance with operating standards and any evidence of criminal or nuisance activity.