Saying the plan from city councilmembers to reduce and regulate smoke shops throughout Fresno punished good business owners, city of Fresno Planning Commissioners opposed the plan already more than a year in the making.

The city of Fresno’s smoke shop ordinance would have forced the 82 smoke shops throughout the city to apply for 49 permits to continue to operate. Those conditional use permits would not only have reduced smoke shops by 40%, but the permits would also cost $10,000, according to city staff. Fresno Chief Deputy City Attorney Erica Camarena estimated there are 140 smoke shops throughout the city, with many operating illegally.

Planning commissioners Wednesday voted unanimously to send the plan back to city staff. They recommended grandfathering-in existing businesses and using existing enforcement methods to punish business owners who violate the law.

“Although I am totally opposed to smoking and vaping and all of that, I also know that they have a right to have a business,” said Planning Commissioner Kathy Bray. “I think this whole thing has gotten too extreme. I don’t see any way that we can approve this. And I know that we’re just recommending this. City Council will do what they want to do.”

But Fresno City Councilmember Miguel Arias called commissioners “uninformed” and “out of touch.” He said smoke shops pose a threat to minors and sell illegal items. He said council would appeal the decision and have it brought before council as soon as possible. Any councilmember or the mayor can appeal the planning commission decision.

“I have found the Planning Commission to be uninformed, out of touch, and completely going beyond their authority in the city charter,” Arias said. “That’s why the council has continuously overturned their decisions. And I anticipate we will do the same thing here.”

Planning Commission Role ‘Strictly Advisory’: Janz

Council revised the current plan after concerns their original one, introduced in October 2023, could be unconstitutional.

The ordinance authored by Arias and councilmembers Annalisa Perea and Nelson Esparza would have forced smoke shops to compete for two permits per council district or change operations.

Councilmember Mike Karbassi worried at the time about the legality of shutting down existing businesses.

They then changed the plan, allowing up to seven smoke shops per district with some restrictions. Stores had to be farther than 1,000 feet from a sensitive use, namely schools or other smoke shops. They also have to have security systems filming. The plan would give shops that didn’t get a permit 18 months to clear out their inventory and change use.

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Illegal activity at smoke shops caught the eye of council members. While council worked on the revised plan, the Fresno Police Department and Fresno Code Enforcement inspected smoke shops throughout the city, with support from the California Attorney General’s office.

Police and code enforcers found gambling operations, illegal weapons, and illegal cannabis at many of the shops. They also found illegal tobacco products being marketed to children.

Fresno Mayor Jerry Dyer commended police and code enforcement for shutting down smoke shops operating illegally.

Fresno City Attorney Andrew Janz said the plan needs to go before council as soon as possible. While some planning commission items are binding, the body’s decision on smoke shops would only be a recommendation.

“The Planning Commission’s role here is strictly advisory,” Janz said. “The goal is to get this legislation to the City Council as soon as possible without further delay. The longer we wait, the more we will see illegal tobacco and cannabis products sold to minors which is what we’ve uncovered in the last year in partnering with Attorney General (Rob) Bonta to hold smoke shops accountable.”

City Doesn’t Have Enough Power to Regulate Smoke Shops: Arias

Shiraz Sufyan, owner of Fresno Smoke Shop, said during the meeting he’s been at the same place for 18 years. He said he and his brothers have not done anything wrong.

“Not all of us are bad, some of us are good,” Sufyan said. “You’ll find a couple of bad apples here and there and I get it. Look, if you come in, you see somebody doing something wrong, you tell them, ‘hey, you can’t do this.’ Next time they’re doing it, you give them a fine. Third time, they got to close up.”

Camarena said almost all of the smoke shops they inspected had weapons behind the counter. She said almost all had building code violations as well, such as electrical issues or unpermitted additions.

Planning Commissioner Linda Calandra asked why the city couldn’t merely go after illegal operations and leave good actors alone. The partnership with the Bonta’s office furthered city power, allowing code enforcers to also fine property owners who allow illegal smoke shops to operate. She also said a $10,000 conditional use permit imposed on a business operating before the rules change is a lot of money for a small business.

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In one year of enforcement, 15 smoke shops shut down because the city seized inventory, said Camarena.

Arias said the city’s municipal code doesn’t allow businesses to be simply “shut down.” The most they can fine under the current code is $250. And for a shop selling illegal cannabis and fentanyl, that’s not sufficient, he said.

Permits would only be given to stores without violations under the ordinance as written, meaning “good” operators can continue to do business, Arias said. But he said the vast majority operate illegally. The proposed ordinance also allows smoke shop owners to sell off inventory for 18 months.

“The evidence that the city has compiled for the last two years clearly demonstrates that the vast majority of smoke shops are engaging in illegal activity,” Arias said.