City seeks stricter tobacco retail regulations after issuing 50 cease-and-desist notices
Richmond city officials are considering changes to the city’s tobacco retail regulations to crack down on unlicensed sellers and prevent youth access to tobacco products.
Representatives from Good City, a consulting firm hired by Richmond, outlined proposed policy updates, including capping the number of licensed tobacco retailers, strengthening zoning restrictions, and increasing enforcement measures. The proposals come nearly a year after the Richmond City Council imposed a moratorium on new tobacco retail licenses in April 2024, citing public health concerns and a rise in unregulated sales.
Soren Hemmila
According to Noa Kornbluh, a representative from Good City, Richmond currently has 34 licensed tobacco retailers, all of whom received their licenses before the moratorium was enacted. Meanwhile, 50 retailers without active licenses have been issued cease-and-desist notices and are being monitored by code enforcement.
“That doesn’t mean all of them are selling tobacco products, but it means that they were at one point, and the city is making sure that they are no longer selling tobacco products without the proper license,” Kornbluh said.
Soren Hemmila
Existing regulations, initially established in 2018 and strengthened in 2019, include a ban on flavored tobacco products and non-federally approved e-cigarettes. Additionally, new tobacco retailers must be located at least 500 feet from another retailer and 1,000 feet from youth-populated areas such as schools, parks, libraries, and playgrounds.
Only two businesses currently fully comply with these buffer requirements. However, 33 businesses that predate the 2018 ordinance were grandfathered in and allowed to renew their licenses.
“Despite this, with the rise of e-cigarettes and flavored tobacco products, there’s still been an increase in young people smoking in communities all over the country and in Richmond,” Kornbluh said. “This coincided with an increase in the rise of unlicensed tobacco retailers and an increase in youth accessing tobacco products that they shouldn’t.”
Addressing Illegal Sales and Youth Access
The moratorium was enacted as Richmond grappled with an influx of unlicensed tobacco retailers. Despite existing regulations, city officials reported an increase in retailers selling flavored tobacco products and e-cigarettes as well as other illicit goods.
Soren Hemmila
California tightened its restrictions on flavored tobacco sales this year with new laws aimed at curbing youth vaping and enforcing compliance among retailers. Assembly Bill 3218 and Senate Bill 1230 strengthen existing regulations by prohibiting online and delivery sales of illegal flavored tobacco products and increasing penalties for violators.
California first banned most flavored tobacco sales in 2020 under Senate Bill 793, a measure upheld by voters in 2022. Subsequent laws, including Assembly Bill 935 and the latest updates, further empower state agencies to seize illegal products and enforce retail, wholesale, and distribution compliance.
Proposed Regulations and Community Concerns
City officials and Good City consultants presented several proposed regulatory updates at the meeting, seeking community input on four areas:
- Retailer Density and Licensing Cap – Officials are considering capping the number of tobacco retail licenses at 45, slightly above the current 34, to prevent further expansion of smoke shops.
- Zoning and Land Use Restrictions – Existing regulations prohibit new tobacco retailers from opening within 500 feet of another retailer and within 1,000 feet of youth-populated areas, including schools, parks, libraries, and playgrounds. However, only two businesses currently satisfy all buffer requirements. Officials are evaluating whether additional land use regulations are needed.
- Grandfathering of Existing Businesses – Many of the 34 licensed tobacco retailers were “grandfathered in” under older regulations. Officials are considering whether these businesses should be required to meet updated buffer requirements or be given a timeline to come into compliance.
- Enforcement Measures – Proposed enforcement updates include allowing police to seize and destroy illegal tobacco products, issuing stricter fines, and revising the municipal code to close enforcement loopholes.
Community members, particularly from the Iron Triangle neighborhood, voiced strong support for tougher regulations, citing the overconcentration of smoke shops in the area.
“There’s just way too many smoke shops, and our youth especially are being impacted by all of these smoke shops selling flavored tobacco products and other illegal items that our youth, unfortunately, are being exposed to,” said Oscar Garcia, Iron Triangle Neighborhood Council President.
Garcia called for a more rigorous licensing process and said retailers could obtain permits with relative ease.
“There should be more checks and balances. Stricter permitting will discourage folks from bypassing the system like it appeared to have happened in the last couple of years,” Garcia said. “And, yes, the police department should absolutely seize anything illegal that is being sold at these stores.”
Challenges in Enforcement
One of the main challenges discussed at the meeting was the effectiveness of current enforcement efforts. Some residents expressed skepticism about the city’s ability to enforce new regulations, noting that violations often go unpunished.
City officials acknowledged these concerns and said they are working closely with the city attorney’s office to refine enforcement policies. They are also considering requiring new businesses to obtain an administrative use permit, which would involve a more rigorous approval process and allow greater oversight.
Next Steps and Public Input
Good City hosted a community workshop in February and presented at the Richmond Neighborhood Coordinating Council on March 10.
“We certainly noticed at our last workshop that we had a lot of tobacco retailers there, which we’re glad they attended, but we want a diversity of voices, so we are making sure that we’re presenting in places like tonight, and then doing additional outreach,” Kornbluh said during the RNCC meeting.
Residents interested in learning more or providing feedback can visit the city’s planning division website, where updates on the proposed regulations and upcoming meetings will be posted.
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Acting Planning Manager Avery Stark said the next steps will be for Good City and city staff to prepare a draft ordinance and host another community meeting. Officials encourage community members to participate to ensure the new policies reflect diverse perspectives.
The next community workshop will be on Wednesday, April 9, at 6 p.m. at 450 Civic Center Plaza in the Council Chambers or online via Zoom.
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