Supervisors vote to place temporary moratorium on smoke shops in San Joaquin County

Yahoo

12-03-2025

Mar. 12—Business owners hoping to open smoke shops outside city limits in the next few weeks might see their dreams go up in smoke.
The San Joaquin County Board of Supervisors on Tuesday unanimously approved a temporary moratorium on allowing smoke shops to open in the unincorporated areas.
The moratorium will last 45 days, at which time supervisors can approve a 10-month extension, county counsel Edward Kiernan said.
He added that at the end of the first extension, supervisors could add another year on the moratorium if they wanted.
Kiernan said the point of the moratorium is to allow the county time to create appropriate regulations, as well as a new business license applicable to smoke shops.
"I've looked at what Stockton has done, and they seem to have an approach that is well thought out," he said. "And it would require smoke shops to obtain a business license, that is yearly reviewed, and it can be taken away. If that license is taken away, they could not operate legally."
Last year, the San Joaquin County Sheriff's Office conducted operations at tobacco retailers and smoke shop businesses and found evidence that they were often a front for criminal activities, staff said.
Those criminal activities included the sale of cannabis or cannabis-infused items and hemp products containing THC without the required permits and licenses, as well as illicit drugs, flavored tobacco products, and illegal gambling machines.
The Sheriff's Office also found that because of the illegal activity, tobacco retailer/smoke shop businesses are also a target for theft, vandalism, and loitering, staff said.
The department's operations resulted in the seizure of illegal drugs and the arrest of several individuals involved in these illegal activities.
Gas stations, grocery stores larger than 10,000 feet, and liquor stores with valid licenses will be exempt from the moratorium.
Supervisor Steve Ding said while he supports delaying approval for smoke shops, he felt the suggestion to create an entirely new business license for such establishments "missed the mark" of the moratorium's actual purpose.
"It isn't about the establishment of these shops," he said. "What we're trying to do is get out the illegal distribution of products that aren't supposed to be for sale. We're going after existing businesses breaking the law. I don't see what (the business license suggestion) does except add another layer of paperwork for businesses to fill out."
In November of 2022, California voters upheld SB 793, which prohibits tobacco retailers or their employees from selling most flavored tobacco products, including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers.
In addition, the California Department of Public Health created emergency regulations last year related to the sale of industrial hemp food and beverage products and the threat they pose to public health, particularly in minors.
The emergency regulations aimed to combat hemp products containing THC that skirt the age and sale restrictions placed on legal commercial cannabis sold through licensed and regulated retailers.
"I'm honestly disappointed that a moratorium wasn't already put in place," Supervisor Mario Gardea said. "This buys us time to look at other things that may affect our community, and maybe get ahead of in the permit process."
There are about eight smoke shops operating in the county's unincorporated areas, although the Sheriff's Office believes there could be as many as 20.
In Lodi, there are about 20 operating within the city limits.
"As soon as the County posted the moratorium, I forwarded it to our city manager requesting a similar moratorium," councilwoman Lisa Craig-Hensley said. "But, an even more important concern is the proliferation of vaping products in gas stations and convenience stores, too near our schools. With the strong interest in Blue Zones and healthier living, banning new smoke shops and vaping products is a good first step."
A Blue Zones team visited Lodi last week to begin its assessment of the city's health status.
The team toured nearly 60 locations in the city and met with a variety of community members as part of its evaluation.
A final report of Lodi's health status should be completed by May.
Craig said there are dozens of communities that prohibit the sale of tobacco-related products within 1,500 feet of a school, park and playgrounds, and that she would support applying that regulation to new retailers.
"I'd also support not adding additional tobacco sales in a new establishment that is within a similar distance of an existing tobacco sales establishment," she said. "Really, how many gas station convenience stores do we need selling cigarettes or vape products on a single intersection?"