Concerned with criminal activity at smoke shops, Modesto council considers emergency action
Modesto police are seeking a pause in tobacco shop permits out of concern that some of the current businesses are breaking laws.
The City Council will consider the 45-day moratorium at its evening meeting Tuesday, Oct. 8.
A staff report said some shops have sold illegal drugs, as well as the menthol and other flavored tobaccos banned by California voters in 2022. Officers also have encountered illegal gambling machines, the report said.
The proposal drew support from the California Association of Retail Tobacconists. President Charles Janigian said by email that the San Jose-based group supports “local actions as the City Council of Modesto is considering. We encourage all tobacco retailers to comply with all state and local laws to avoid the consequences of possible legal repercussions.”
The staff report was submitted by Police Chief Brandon Gillespie and City Attorney Jose Sanchez. They asked for an “urgency ordinance,” taking effect immediately rather than the 30-day wait for less urgent matters.
The ordinance would bar the city from approving permits for tobacco shops that are new, expanding or relocating. It would apply to businesses that devote at least 15% of their square-footage to these products. The action would not affect grocery or liquor stores where tobacco is a minor share.
The staff report said illegal tobacco sales, including to minors, contribute to the health issues involved with smoking and vaping. It also warned of certain dangerous cannabis products not covered by state law allowing recreational use.
“This moratorium will provide the city with the necessary time to assess the current situation, consider possible regulations and measures to protect the community and bring forward a proposed path forward to the council,” the staff report said.
The report said Modesto has 41 licensed tobacco shops and an undetermined number of sites that opened without permission.
The council will meet at 5:30 p.m. Tuesday in the basement chamber at Tenth Street Place, 1010 10th St., Modesto. The meeting will be on Zoom, but the public can comment only in person.
This story was originally published October 7, 2024 at 2:00 PM.
