More than half of Modesto smoke shops failed to apply for permits, city says
More than half of Modesto’s known smoke shops failed to apply for permits required under the city’s new ordinance, according to officials. That leaves dozens of smoke shops operating illegally as parents and city leaders continue to raise concerns about enforcement and youth access to illegal tobacco products.
City officials say Modesto identified 58 smoke shops over the past year. Of those, only 25 submitted permit applications by the city’s Nov. 14 deadline. The remaining 33 shops did not apply and therefore cannot operate as smoke shops under the ordinance.
Smoke shops that failed to submit applications are being required to “come into immediate compliance,” which city officials say means they must stop operating as smoke shops altogether or significantly reduce their tobacco inventory to fall below the city’s legal threshold.
The new information comes months after the City Council unanimously approved tighter regulations aimed at curbing illegal activity tied to smoke shops, including sales of flavored nicotine products banned under California law.
Ordinance aimed to rein in smoke shops
The City Council voted in July to overhaul Modesto’s smoke-shop regulations following a series of police inspections and raids that uncovered widespread violations, including the sale of illegal products and flavored nicotine, as well as firearms and illegal gambling machines.
Under the ordinance, Modesto capped the number of smoke shops at one per 25,000 residents — effectively limiting the city to nine — and required all existing smoke shops to apply for annual permits by a November deadline. New smoke shops are blocked from opening.
While many smoke shops hold a state-issued tobacco retail license, city officials said that license is separate from the smoke-shop permit required under Modesto’s ordinance. The state license allows a business to sell tobacco products but does not authorize it to operate as a smoke shop under city law. To continue operating as a smoke shop in Modesto, businesses must obtain a city permit in addition to any state license.
As of October 2024, Modesto had at least 41 state-licensed tobacco retailers, according to previous reporting by The Bee, along with an unknown number of unlicensed or illegally operating shops. City officials now say the number of known smoke shops climbed to 58 over the past year.
All 25 permit applications submitted are still under review, and no final determinations have been made, according to the city. Officials said decisions are expected in the coming weeks, with notifications anticipated early next year.
Enforcement ongoing, city says
Since July, the Police Department has conducted repeated compliance inspections citywide, according to a statement from the city. Some of those inspections resulted in citations, fines, product seizures and follow-up inspections.
City officials said enforcement efforts remain active and are focused on bringing businesses into compliance with the ordinance and protecting the community, particularly youth.
Shops that failed to apply for permits will be notified and required to immediately stop operating as smoke shops unless they drastically reduce the amount of tobacco products and paraphernalia sold.
Parents push for stronger action
The group Parents Against Smoke Shops 209 has urged city leaders to take stronger action, arguing the ordinance was watered down and enforcement has not gone far enough.
In messages shared with The Bee, the group said allowing dozens of smoke shops to remain open without permits undermines the ordinance’s intent and continues to expose children to illegal products. It has called for the city to regulate smoke shops more like cannabis dispensaries, including stricter caps, security requirements and expanded surveillance.
Councilmember highlights youth access concerns
Modesto City Councilmember Jeremiah Williams said the most common complaint he hears from residents involves young people obtaining illegal tobacco products, particularly flavored vapes.
He said concerns extend beyond smoke shops alone and may involve other retailers selling illegal products. “I’m concerned that the issue is not just with smoke shops, but may also be related to markets or convenience stores on the west and east sides of Modesto selling illegal products,” he said.
At a recent City Council meeting, Williams said, residents raised concerns about a business near Second and H streets, across from a church and close to Modesto High School. According to public comments, neighbors complained about people congregating near the location and using products sold there, as well as alleged illegal drug use.
Reassessment expected in 2026
Enforcement efforts have been effective so far, Williams said, pointing to new regulations aimed at limiting access to certain products, increasing fines and allowing for potential closures. But he acknowledged the city will need to revisit the issue.
Williams said the City Council expects to review the ordinance and enforcement progress sometime in 2026, “to assess the progress of limiting and eliminating illegal use of tobacco products.”
