Fresno City Council to vote on smoke shop ordinance again

FRESNO, Calif. (KSEE/KGPE) – The Fresno City Council is set to decide on an ordinance that promises to crack down on crime and illegal activity by eliminating dozens of smoke shops citywide.

Thursday, what’s been dubbed the ‘smoke shop ordinance’ will be heard again in the council chambers, after it failed to pass last month in a 3-3 vote.

It’s being pushed by Councilmembers Miguel Arias, Nelson Esparza, and Annalisa Perea. Wednesday, YourCentralValley.com spoke with Arias to find out how it has changed, as he revealed more about recent smoke shop activity in the city.

“They’re selling illegal marijuana, engaging in guns on property, engaging in sales to the youth. So, you know, we need to finally take back our neighborhoods, take back our streets. And it starts with us holding smoke shops accountable,” Arias said.

According to Arias, 95% of smoke shops inspected have been found selling illegal products; 80% of those, he says, have engaged in the illegal sale of marijuana.

But whether it’s flavored tobacco, illegal tobacco, cannabis, or something worse, he says, shop operators and owners continue to break the law.

“This is a repeat story. Every time we inspect, we catch them engaging in illegal sales, when we go to reinspect two months later, they’re engaging in illegal sales again,” he said.

Arias also said Fresno Police officers continue to have their hands full with calls to smoke shops.

YourCentralValley.com reached out for comment from police and statistics, and they provided the following statement:

“In the past year alone, they were called out to the city’s 160 smoke shops 1,184 times, including 36 reports of violent crime. Those violent incidents include more than a dozen robberies, more than a dozen assaults, one attempted murder and one rape.”
Fresno Police

According to the Fresno City Attorney’s Office, there are nearly 90 registered smoke shops within the City of Fresno, and many more operating without business licenses. If passed, however, that number would be cut to just 49 or 7 per council district.

When implemented, the ordinance would require all new or current smoke shops to apply for a conditional use permit, with current licensed smoke shops getting 18 months to either apply for a permit, change their business type, or wind down and close operations altogether.

Those business owners who decide to apply for a permit would be judged based on merit and prior offenses.

Additionally, smoke shops would not be approved if they come within 1,000 feet of sensitive areas, which include other smoke shops, schools, or daycares.

As for the changes made to the ordinance for the latest vote, Arias says those include allowing the sale of CBD products inside smoke shops and an elimination of the significant fine structure. That way, Arias says, the city would be allowed to shut down shops with egregious violations immediately, rather than hit them with significant fines.

If more changes are requested, he says he’s willing to talk.

“Doing nothing simply allows smoke shop operators to engage in illegal sales of products to our youth and, you know, continue to engage in the criminal element taking place in our neighborhoods. So that’s non-negotiable for us,” he said.

Fresno City Council’s meeting will begin Thursday at 9 a.m.