El Centro adopts urgency moratorium on tobacco retail shops

EL CENTRO— By a motion made by Councilmember Marty Ellett and seconded by Councilwoman Claudia Camarena, the El Centro City Council unanimously approved on Tuesday evening and without major discussion an urgency moratorium ordinance on tobacco retail shops.

In a report submitted to the council, City Community Development Director Angel Hernandez wrote that in recent years, the City has experienced a proliferation in tobacco retail shops, including near residential neighborhoods, parks, and the Downtown area. Many of these businesses sell tobacco products, electronic cigarettes, vaping devices, and related paraphernalia.

Tobacco retail shops have become a source of growing concern among residents and business owners due to their apparent connection to criminal activity, public nuisance conditions, and the deterioration of neighborhood quality, Hernandez added.

According to the community development director, city staff and law enforcement have documented recurring calls for service to several of these locations, including incidents involving theft, loitering, vandalism, and drug-related offenses. Additionally, many of these businesses have become informal gathering spots for transient individuals, further contributing to safety concerns and visible signs of blight.

“The City’s current zoning and licensing regulations are not equipped to effectively regulate the siting, density, or operational impacts of tobacco retail shops,” Hernandez explains in his report to the council. “Without interim restrictions, there is a significant risk that more of these businesses will open, relocate, or expand, compounding existing problems and undermining the City’s ability to develop a comprehensive and effective policy response.”

The community development director considered that tobacco retail shops are a permitted use by right in the CD-Downtown Commercial Zone, CG-General Commercial Zone, and CH-Heavy Commercial Zone. This allows them to operate without special review or approval, such as a conditional use permit, as long as they comply with the zoning ordinance and other applicable regulations.

“The proposed urgency ordinance, adopted pursuant to Government Code § 65858, would impose a temporary, citywide moratorium on the establishment, expansion, reestablishment, or relocation of tobacco retail shops and on the issuance or renewal of business licenses for such uses,” Hernandez noted. “The moratorium would apply across all zoning districts and would remain in effect for 45 calendar days unless extended.”

After that period, the ordinance may be extended by the City Council for an additional 10 months and 15 days and subsequently for one more year, provided that each extension is preceded by public notice, a public hearing, and adoption by a four-fifths vote. Hernandez wrote that, alternatively, the Council may adopt a single extension of up to 22 months and 15 days following the initial 45-day period, also requiring public notice, a hearing, and a four-fifths vote.

“This urgency ordinance is necessary to preserve the status quo while the City evaluates appropriate long-term land use and regulatory responses to community concerns,” Hernandez wrote in his report. “Absent this temporary moratorium, an unchecked increase in tobacco retail shops could worsen the already observed impacts.”

Robert Rodriguez, owner of Deluxe Vapes and Smoke Shop, told the council his 12-year-old business will be affected by the ordinance. His 100% tobacco-free company has been highly reviewed by customers – some of them law enforcement agents, he said.

According to Rodriguez, the company has received no complaints or citations. Also, he noted his business has strived to help smokers quit their habit.

The business owner said the homeless population photographed by city staff next to smoke shops are mainly people who are served by the methadone clinic at Fifth Street and State Street.

Councilwoman Sylvia Marroquin questioned Director Hernandez about any current applications to open or expand smoke shops in the city, with the official responding, “No.”

The Ordinance

• Prohibits new applications, approvals, or the issuance of business licenses for tobacco retail shops

• Freezes any expansion or relocation of existing tobacco retail shops not lawfully operating as of the date of adoption

• Exempts tobacco retail shops that are currently and lawfully operating with an active City business license or that have made tenant improvements or made substantial financial commitments

• Directs staff to conduct a study analyzing the land use and public safety impacts of tobacco retailers and to consider zoning amendments, development standards, or business license regulations to address the negative impacts of such businesses, including potential zoning changes