The Redondo Beach city council voted unanimously Tuesday to direct city staff to write a temporary moratorium on any further smoke shops in the city – and to finish another ordinance to limit the stores overall.
Marc Weiner, community development director, presented a draft ordinance to limit smoke shops to 10 maximum in town, two per city council district. Buffer zones would be 1,000 feet between any two stores and 600 feet from schools.
Any new smoke shop in Redondo Beach would require a conditional use permit – granted by the city planning commission and appealable to the city council. Existing smoke shops would need to get a conditional use permit within five years.
For enforcement, each shop would need to allow unannounced inspections, and the city would have the power to revoke a conditional use permit or a business license.
A moratorium would go into effect immediately after a 4/5 city council vote.
Wiener and city staff will return with the moratorium document May 6.
At least 15 smoke shops operate now in the city, Wiener said, including some that run afoul of state law, as demonstrated in March inspections by the California Department of Tax and Fee Administration. Assisted by RBPD, it turned up illegal tobacco and marijuana products at two shops on Artesia Boulevard.
“Why five years? That seems like
an inordinate amount of time,” said Mayor Jim Light, of the span for an existing business to get a conditional use permit.
City Manager Mike Witzansky cited “fairly-established case law” that put the time at four years. Five would be cautious.
“It’s to give the existing shops time,” Wiener said to Easy Reader Wednesday. “They are established businesses here; to recognize their right to continue, to a certain extent.”
City Councilmember Paige Kaluderovic spoke in favor of no more than one smoke shop per district, and asked about closing a loophole that allows synthetic tobacco products to be sold. Also, to limit advertising – “any kind of visual signaling to youth” – and lights and signage.
Councilman Brad Waller concurred on the wish for only one smoke shop per district, but questioned if the policy would mar the vested rights of existing shop owners.
Councilman Zein Obagi, Jr., agreed with Kaluderovic’s points, noting that the age of purchase in California is 21. He brought up a question too.
“Is there a way we could write in some sort of cost recovery?” he said, referring to the city’s expenditures to enforce and prosecute, if necessary, criminality related to a shop.
“It would be illegal to recoup cost for enforcement,” said City Attorney Joy Ford.
After the council’s 5-0 vote on the moratorium, Kaluderovic thanked Police Chief Joe Hoffman on the smoke shops matter, and offered more resources if needed. ER
