Santa Ana smoke shops may soon have to follow new rules and get new permits to sell cigarettes, vapes and other tobacco products amid concerns of some stores housing illegal gambling, selling black market marijuana, underage smoking and other illegal activity.
Officials in the heart of OC are the latest in the region tightening rules on tobacco retailers to crack down on illegal shops as local and state elected leaders also try to ban the recreational sale of Nitrous Oxide and the synthetic version of a drug called Kratom.
[Read: Another Orange County City Looks to Crack Down on Smoke Shops]
According to a staff report, there were nearly 1,000 calls to Santa Ana police related to underage smoking last year, resulting in targeted enforcement by officers who found illegal narcotics, gambling machines and illegal flavored tobacco.
“Enforcement activities are showing a range of illegal activities prevalent at smoke shops throughout the city,” said Ali Pezeshkpour, the executive director of the city’s planning and building agency, at Tuesday’s Santa Ana city council meeting.
“There are documented community health and safety impacts such as loitering, smoking, littering and crime that not only affect the business at hand, but also affect the health of surrounding businesses and properties,” Pezeshkpour said.
At that meeting, city council members voted unanimously to require smoke shops to get permits, prohibit new stores from being opened near schools, parks and drug and alcohol recovery centers.
They’re also aiming to limit them to certain parts of town.
Under the changes, current and new stores would have to follow a new set of operating standards including annual inspections, 21-year-old age restriction to enter the shop, requiring training and video surveillance and prohibiting selling weed and gambling.
Mayor Valerie Amezcua, who participated in the meeting virtually, said the smoke shops are something everyone on the city council was concerned about and college students have raised concerns about them as well.
“All of us have concerns about the smoke shops, and we’ve brought it up because of the nitrous oxide, the many issues that are around our schools with our youth,” she said. “When I was at Cal State Fullerton, speaking to one of the classes, I had several kids that actually live in Santa Ana that approached me about the smoke shops.”
Councilman Johnathan Hernandez said the ordinance will keep Santa Ana residents safe.
“This is going to not only protect children and families, but it’s going to keep our businesses in compliance,” he said.
Councilman Phil Bacerra pointed to the police calls and subsequent investigations and said the illegal activity uncovered wasn’t just a minor enforcement issue.
Santa Ana’s Smoke Shop Problem & Crack Down
According to a staff report, smoke shops in Santa Ana have more than doubled since the start of 2024 jumping from 17 stores to 43 in about two years.
Staff also said 60% of the stores are located near schools, parks, and child care facilities and five of the 43 stores are operated without the currently required permits.
Under the proposed ordinance, new shops could not operate within 1,000 feet of these types of places, 1,000 feet from other tobacco stores, 1,000 feet from rehab centers and 500 feet from residential areas. They would also not be allowed on arterial streets.
Current and new smoke shops would also be required to add lights outside for public safety, limit display of smoking products, be required to follow local, state and federal laws and remove graffiti and litter.
The newly proposed law would also limit new smoke shops to certain commercial zones.
According to the staff report, none of the 40 smoke shops in the city would meet the location requirements outlined in the ordinance.
These shops would be allowed to continue to operate but would have six months to comply with the new development and operating standards set by the proposed law.
Hosam Elattar is a Voice of OC reporter. Contact him at helattar@voiceofoc.org or on Twitter @ElattarHosam.