Members of the Oakdale City Council moved forward Monday evening with new regulations that would limit the number of smoke shops operating within the city and require tobacco retailers to obtain annual local licenses.
Council members approved the introduction of the ordinance without objection during the July 20 meeting. The action waived the ordinance’s first reading but did not constitute final adoption. A second reading was scheduled for Aug. 3.
The proposed ordinance would add Chapter 38, governing smoke shops, to the Oakdale Municipal Code and create a tobacco retailer license limitation under Chapter 16. City officials said the regulations were developed in response to increased juvenile use of tobacco and vaping products and a growing number of smoke shops in Oakdale.
“The City of Oakdale is pursuing this regulatory program in response to a noticeable increase in juvenile use of tobacco, vaping, and related products, as well as a growing number of smoke shop businesses within the community,” according to the staff report.
The ordinance would cap the number of active smoke shop licenses at three. Existing businesses operating legally when the ordinance takes effect would be allowed to continue, provided they remain compliant with local and state regulations.
Licenses would be issued for one year and require annual renewal. Each business location would need a separate license, and the license would be required in addition to existing state and city permits. Applicants would have to provide business and ownership information, details about the products sold and proof of required state licensing.
The licenses could not be transferred between owners or locations. A change in ownership or business location would require a new application and would remain subject to the three-license cap.
If a license is surrendered, revoked or allowed to expire, the number of active licenses would decline. A new license could be issued only when the number of active licenses falls below three.
The ordinance would allow the city to suspend or revoke a license for violations of local tobacco regulations, state or federal tobacco laws, false application information or failure to maintain required state licenses. License holders would receive notice and an opportunity for a hearing before suspension or revocation.
City staff said the regulations are also intended to address the handling and disposal of vaping devices and cartridges seized by police. According to the report, many of those products qualify as hazardous waste or electronic waste and require specialized disposal.
“Many of the vaping devices end up in the Oakdale Police Department evidence room and accumulate due to their status as hazardous waste items,” the report stated.
The packet included proposed fees of $500 for a nonrefundable application, $1,100 for an annual permit and $530 for a reinspection. The application payment would be applied toward the first-year annual permit fee if the application is approved.
Those fees were not adopted Monday. Staff said the fee schedule would return to the council for separate consideration if the ordinance receives final approval.
The staff report said implementation would not create a cost to the city’s general fund.
In Other News
The Oakdale City Council approved acceptance of a $190,300 California Highway Patrol grant Monday to support local DUI enforcement.
The Cannabis Tax Grant Program funding will pay for impaired-driving enforcement operations, officer training, a DUI enforcement vehicle and a trailer for use during checkpoints and other operations.
The grant budget includes $90,000 for a patrol vehicle, $40,000 for a DUI trailer and $52,440 for personnel costs, including 24 saturation patrols and four DUI checkpoints. Additional funding is designated for officer training, travel and conference registration.
No matching funds are required. The grant will be tracked separately within the Police Department’s budget and is expected to have no impact on the city’s general fund.
Reporter Kim Van Meter contributed to this story.
