Santa Ana Municipal Code Art. XXIV Smoke Shops

(a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are to:

(1) Establish regulations for smoke shops, as defined in 41-152.6.1 of this Code.

(2) Establish reasonable and uniform regulations that will reduce possible adverse secondary effects that smoke shops may have upon the residents of the city and preserve the integrity of existing commercial and residential areas of the city, which are in close proximity to such commercial areas.

(Ord. No. NS-3091, § 15, 3-17-26)

(a) Smoke shops may be located on parcels in the C1, C1-MD, C2, C4, C5, or C-SM zoning districts subject to the issuance of a Conditional Use Permit.

(1) No smoke shop shall be located within one thousand (1,000) feet of another smoke shop, as measured from the primary entrance of the smoke shop to the primary entrance of the nearest smoke shop.

(2) No smoke shop shall be located on a parcel located within one thousand (1,000) feet, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line whereon any of the following is located:

i. A public park, playground, recreational area including a trail that is immediately adjacent to a public park, or youth facility, including, but not limited to, a boys and girls club, nursery school, preschool, or day care facility;

ii. A school (K-12) as defined by Section 11362.768 of the Health and Safety Code; or

iii. An alcohol or other drug abuse recovery or treatment facility.

(3) No smoke shop shall be located on a parcel located within five hundred (500) feet of a property zoned or used for residential purposes, as measured from the primary entrance of the smoke shop to the outermost boundary of the nearest parcel line of the property zoned or used for residential purposes.

(4) No smoke shop shall be permitted within a building or tenant space where any storefront, signage, or pedestrian entrance is oriented toward or visible from the public right-of-way of an arterial street, as defined and designated in the Mobility Element of the City's General Plan.

(Ord. No. NS-3091, § 15, 3-17-26)

(a) No tobacco retailer, as defined in Section 18-90 of this Code, where the sale of tobacco is incidental to its primary use (such as a grocery store or convenience store) shall be operated or established in the city without first obtaining the following:

(1) An approved certificate of occupancy.

(2) A city issued business license.

(3) An approved tobacco retailer license issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.

(b) No smoke shop may be operated or established in the city without first obtaining the following:

(1) An approved Conditional Use Permit.

(2) An approved certificate of occupancy.

(3) A city issued business license.

(4) An approved tobacco retailer license issued by the Chief of the Santa Ana Police Department, as set forth in Section 18-91 of this Code.

(Ord. No. NS-3091, § 15, 3-17-26)

The following development and operating standards shall be applied to the operation of any smoke shop:

(a) Display. A maximum of twenty-five (25) percent of the floor area of the premises may display smoking paraphernalia for sale or viewing.

(b) Age restriction. No person under the age of twenty-one (21) years shall enter, be in, or remain in or on the premises of any smoke shop at any time. It shall be the affirmative duty of the business operator to verify the age of every person entering the establishment.

(c) Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the smoke shop, shall be illuminated in accordance with the lighting requirements of the underlying zoning district, and applicable conditions of approval.

(d) Litter and graffiti.

(1) Trash and recycling receptacles shall be provided near public entrances to and exits from the building.

(2) The smoke shop operator shall provide for daily removal of trash, litter, and debris from the premises and on all sidewalks that abut the premises, including the smoke shop's parking areas.

(3) The owner of a property where a smoke shop is located shall remove graffiti in accordance with the requirements of Section 10-228 of this Code.

(e) Vending machines. Interior and exterior vending machines are prohibited.

(f) Video surveillance.

(1) Smoke shops must equip a fully functional color digital video camera surveillance system.

(2) The video camera surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the Santa Ana Police Department or their designee on request.

(3) The video camera surveillance system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

(4) The video camera surveillance system shall maintain the correct date and time stamped onto the image at all times.

(5) The video camera surveillance system's camera storage capacity should be for at least ninety (90) calendar days. Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.

(6) The video camera surveillance system shall be capable of producing a digital playback as a system feature. The Santa Ana Police Department may request immediate viewing of surveillance footage and may request digital media in relation to a criminal investigation; in such case, the digital media shall be provided to an authorized representative of the Santa Ana Police Department, upon request, within twenty-four (24) hours of the request.

(7) There shall be a minimum of three (3) surveillance cameras placed so as to record activities in the primary customer areas of the business; such cameras must, at minimum, provide surveillance for all entry and exit areas, customer parking, and the cash register. These cameras should be located on the interior and, in some instances, the exterior of the building if necessary to provide adequate surveillance of an exterior area. Cameras shall be of sufficient quality to be able to identify persons and/or vehicles utilizing the business parking lot.

(8) The interior of the business must have at least one (1) surveillance camera placed to focus on each cash register transaction with the view to include the clerk as well as the customer waiting area.

(9) All interior surveillance cameras shall record in color.

(10) All exterior surveillance cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior surveillance cameras shall be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

(11) An inoperable video camera surveillance system may be cause for revocation of the Conditional Use Permit.

(12) In the event of a security breach, vandalism, theft, or other offense, the smoke shop operator must ensure preservation of the relevant security footage beyond the required ninety (90) days in coordination with the Santa Ana Police Department.

(13) A sign shall be posted inside and at the entrance to the smoke shop indicating that the premises are under video surveillance.

(g) Signage, glazing, obstructions.

(1) The provisions specified under Article XI (On-Premises Signs), and this subsection shall apply. Where conflict may occur between the provisions of Article XI (On-Premises Signs) and this subsection, the more restrictive provisions shall govern.

(2) In addition to the requirements found in the California Cigarette and Tobacco Products Licensing Act of 2003 and all updated and related state and federal laws, including any amendments and successor statutes thereto, including any state or Federal regulations, the following copy is required to be prominently posted in a readily visible manner on an interior wall or fixture and not on windows:

i. "California State Law Prohibits the Sale of Tobacco Products to Persons Under 21 Years of Age."

ii. "No Persons Under the Age of 21 May Enter These Premises."

iii. "No Loitering is Allowed On or In Front of These Premises."

iv. "No Smoking or Vaping Allowed on These Premises."

(3) At least fifty (50) percent of any street-facing facade must be glazed with a clear, non-tinted material and may not be obstructed through interior placement of any temporary sign taped or otherwise affixed to a window or shelves, racks, furniture, or other storage or display of products.

(4) Any signage required by law shall not exceed twenty-five (25) percent of the area of each window.

(5) Doors must be free from signs regardless of door type or material.

(6) Advertising and signage on windows shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.

(7) Any smoke shop located within one thousand (1,000) feet of a sensitive use, as listed in Subsection 41-2409(a) shall not advertise tobacco or vapor sales in a manner visible from the outside of the smoke shop, such as from a public thoroughfare, sidewalk, or parking lot.

(h) Loitering and other nuisance activities.

(1) The operation of a smoke shop shall not result in repeated nuisance activities on the property, which may include, but are not limited to, disturbances of the peace, illegal drug activity, public intoxication, drinking in public, smoke and vapor product sales to minors, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of local, state, or federal laws, especially when contributing to a proportionally high rate of police reports and arrests to the area. Any violation of this section shall be considered an egregious violation of this ordinance and a public nuisance that is imminently dangerous to life, health, safety or adjacent property such that it requires immediate correction or elimination. Such a violation shall subject the smoke shop operator to immediate suspension pursuant to Section 41-650.5 or to revocation of the smoke shop's Conditional Use Permit pursuant to Section 41-651 of this Code.

(2) The smoke shop operator shall post the property with the appropriate signs advising that consumption of alcoholic beverages, gambling, trespassing, or loitering on private property is a violation of the SAMC. The smoke shop operator shall ensure that a form is submitted to the Santa Ana Police Department, notarized, signed, and dated by the property owner(s) every twelve (12) months, that authorizes Santa Ana Police Department peace officers to enter the smoke shop premises and remove trespassers when the business is closed to the public, in accordance with Section 602(o) of the California Penal Code, including any amendments or successor statutes thereto.

(i) Training.

(1) Initial training. The smoke shop operator and all employees of the smoke shop who are involved in the sale of smoke and vapor products must complete approved course(s) in training of smoke and vapor product sales and handling within sixty (60) days after approval of the Conditional Use Permit, or for employees hired after the approval of the Conditional Use Permit, within sixty (60) days from the date of hire. Existing smoke shop operators and employees shall have sixty (60) days from the effective date of this ordinance to come into compliance with the training requirement, and thereafter new operators and employees shall obtain the necessary training within sixty (60) days of the date of hire or from the date of ownership. To satisfy this requirement, a program must meet the standards of the California Department of Public Health, or other certifying or licensing body designated by the State of California, in the Stop Tobacco Access to Kids Enforcement (STAKE) Act. If the smoke shop operator is a legal entity, the manager or executive responsible for the smoke shop shall obtain the requisite training, as well as all employees.

(2) Annual training. The smoke shop operator and all employees shall also be required to complete annual trainings, which comply with state standards, including changes to tobacco sales laws and regulations. Smoke shops shall be required to keep up-to-date records, such as certificates of completion, which prove that all individuals listed above have completed the requisite annual trainings and shall furnish these records to the City during inspections and upon a reasonable request from the City.

(j) Compliance with laws. The smoke shop must remain in compliance with all local, state, and federal laws, regulations, and orders, as well as all Conditions of Approval imposed on the use.

(k) Posting of conditions. A copy of all conditions of approval and training requirements shall either be posted in a conspicuous and unobstructed place near the entrance, cashier counter, or customer service area of the smoke shop or posted in an employee area and provided upon request (e.g., via flyer or brochure) to patrons and enforcement officials.

(l) Prohibited products. The sale or distribution of one (1) or more of the following is prohibited.

(1) Cannabis or cannabinoid products. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pursuant to Section 41-651 of this Code.

(2) Drug paraphernalia not directly related to legal smoke and vapor products.

(3) Nitrous oxide.

(4) Any kratom product.

(5) Flavored tobacco. Sale of this product shall immediately subject the smoke shop to Conditional Use Permit revocation proceedings pursuant to Section 41-651 of this Code. Should flavored tobacco products be found during an inspection of the smoke shop, the Santa Ana Police Department may seize and destroy said products.

(6) Other products prohibited by law.

(7) Alcoholic beverages, unless otherwise permitted by a valid City issued permit that is in existence prior to the date of the adoption of this ordinance.

(m) Hours of operation. All smoke shops may only conduct business transactions between the hours of 7:00 a.m. and 11:00 p.m. daily.

(n) Additional requirements.

(1) Smoke shop operators and/or applicants shall submit a security plan consistent with Santa Ana Police Department policy on the sale of age-restricted materials. Prior to the approval of a Conditional Use Permit, the applicant shall prepare and submit for review by the Chief of the Santa Ana Police Department, or designee, a security plan for approval. Approval of the security plan by the Chief or their designee shall not be unreasonably denied. The contents of the security plan shall be incorporated as conditions of approval to the Conditional Use Permit. As a part of the annual inspection process conducted pursuant to Section 41-2411(n)(5), the security plan shall be resubmitted for approval by the Chief or designee.

(2) The Director or designee may require the smoke shop operator and/or applicant to submit additional information, of such type and in such form as the Director may specify, as the Director may deem relevant to the application, including, but not limited to, an operational statement, floor plans, architectural renderings, and technical studies, as appropriate.

(3) The Director or designee may refer an application to other City departments to determine whether the smoke shop's location will comply with building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer, and may subsequently prepare reports summarizing their inspections.

(4) Additional security measures such as reduced hours of operation, security guards, door monitors, and/or burglar alarm systems may be required if nuisance or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Santa Ana Police Department.

(5) Smoke shops shall be subject to routine unannounced inspections at least annually, to ensure compliance with this section and any additional conditions of the Conditional Use Permit. The smoke shop operator shall reimburse the City for the cost of such inspection(s) pursuant to the City's Miscellaneous Fee Schedule. If an annual inspection results in a finding that a smoke shop operator is not in compliance with this section or the specific conditions of the Conditional Use Permit, that finding may be used as a basis for amending or revoking the Conditional Use Permit, pursuant to Section 41-651 this Code.

i. If a smoke shop is determined to be out of compliance with its Conditions of Approval, the person or entity acting as the smoke shop operator shall be subject to administrative fines, pursuant to Sec. 1-21.3 of Chapter 1 of this Code, as set by City Council resolution. The fine structure shall consist of progressively higher fines for violations occurring within one (1) year of a prior violation. In addition, upon a fourth violation being upheld within a three (3) year period of the first violation, the Conditional Use Permit for the business may be subject to revocation. Fines shall be levied in accordance with the Miscellaneous Fee Schedule.

(Ord. No. NS-3091, § 15, 3-17-26)

Smoke shops that are in existence upon the effective date of this article and that do not have a Conditional Use Permit to operate shall have six (6) months from the effective date of this article to comply with the standards in Section 41-2411 of this article.

(Ord. No. NS-3091, § 15, 3-17-26)

The provisions of this article are not intended to provide exclusive regulation of the regulated smoke shop uses. Such uses must comply with any and all applicable regulations imposed in other articles of Chapter 41 of this Code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail.

(Ord. No. NS-3091, § 15, 3-17-26)