City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
David Nefouse, City Attorney |
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Prepared by: |
Riana Daniel, Staff Counsel |
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Date: |
April 15, 2025 |
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Subject: |
Request for Urgency Ordinance to Establish a Temporary Moratorium on the Establishment of Tobacco Retailer Businesses |
Recommendation:
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Adopt an Urgency Ordinance Establishing a Temporary Moratorium on the Establishment of New, and Relocation or Expansion of Existing, Tobacco Retailer Businesses, also known as Smoke Shops, within the City of Manteca to become Effective Immediately.
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Background:
The City of Manteca (“City”) has experienced a recent proliferation of tobacco retailer businesses, also known as smoke shops, which sell tobacco products and paraphernalia. The City is concerned about the proliferation of these businesses, and the harmful effects of tobacco and other products sold at these establishments on the health, safety, and welfare of the City’s residents, especially youth.
The Manteca Police Department, along with the California Department of Tax and Fee Administration (CDTFA), regularly conduct inspections of tobacco retailers, and continually find that these businesses are often engaged in illegal activity, including the sale of cannabis, flavored tobacco products, unstamped cigarettes, out of state stamped cigarettes, untaxed tobacco products, and various activity without the required permits and licenses. The sale of illegal items at these businesses encourages criminal activity, and these businesses are often a target for theft, vandalism, and loitering; and Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety.
Additionally, pursuant to Government Code section 65858, the legislative body of a city, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.
The proposed urgency ordinance will establish a temporary moratorium, which will provide the City with the opportunity to study the various options to more effectively regulate tobacco retailer businesses. This may include drafting and implementing a new ordinance with various restrictions that mirror state law and exploring signage restrictions. Various local jurisdictions have adopted similar urgency ordinances to address these concerns, including San Joaquin County, the City of Stockton, and the City of Modesto.
Fiscal Impact:
There is no immediate or direct fiscal impact associated with this action.
Documents Attached:
1. Attachment 1 - Ordinance
2. Attachment 2 - San Joaquin County Ordinance
3. Attachment 3 - Stockton Ordinance
4. Attachment 4 - Modesto Ordinance