"We are taking action by introducing this ordinance to protect our vulnerable communities," said Fresno City Councilmember Nelson Esparza.
He represents District 7.
"It's a city-wide problem. Ninety-five percent of smoke shops inspected were caught selling cannabis and other illegal products," said Fresno City Councilmember Miguel Arias, who represents District 3.
Those illegal products include illegal flavored tobacco, cannabis and hallucinogenic mushrooms.
The ordinance will bring the current number of identified smoke shops in the city from 140 to 49.
"We have the responsibility to define what a smoke shop is," said Councilmember Arias. "Historically, it was never defined."
In addition to defining a smoke shop, the ordinance will also require all smoke shops to obtain a business license and a conditional use permit. It's a first for the city's smoke shops.
"None of them have an existing conditional use permit," said Councilmember Esparza. "We have no regulations around it."
Council members proposing the idea said it would be in sharp contrast to other solutions offered by neighboring cities.
They believe their approach is balanced.
"If you look at the City of Clovis next door, they shut down smoke shops overnight. No process. You won't find one. Other cities have just issued a moratorium. They're not going to open. Period," said Councilmember Arias. "We have been thoughtful over a two-year process to find a balanced approach."
The proposal would also limit the number of smoke shops between two and three per district, but not exceeding seven shops total.
"In District 7, we actually have the highest concentration of smoke shops anywhere in Fresno," said Councilmember Esparza.
According to Fresno Police, in the past year alone, there have been 36 incidents of criminal activity reported at nearly 160 smoke shops citywide.
Those incidents include more than a dozen robberies, one attempted murder and one rape.
"It's extremely frustrating to have to drive by the same smoke shop day in and day out to see the same activity, and to have to call police for another call for service and call inspections for code enforcement for another inspection only to be able to give them the $250 fine -- a fine that they can appeal and take up to two years to pay," said Councilmember Arias.
The ordinance will increase fines from $250 per offense to $2,500 for selling to minors.
"These are fines that can stick and if they don't pay it, then we could issue a lien on their building and take their property," said City Attorney of Fresno Andrew Janz.
The ordinance would also implement location restrictions.
Under the proposed ordinance, smoke shops would not be allowed to operate within 1,000 feet of a school site, park, or other sensitive use areas or any other smoke shops.
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