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Chief Administrative Office, Planning and Building Department, and Environmental Management Department recommending the Board Approve the Final Passage (Second Reading) of an Ordinance 5248 repealing Ordinance 5211, including repeal of Chapter 8.68 of Title 8 of the El Dorado County Ordinance Code, related to the regulation of tobacco retailers and establishment of a tobacco retail license. (Cont. 10/21/2025, Item 48)
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
On October 21, 2025, the Board approved the Introduction (First Reading) of an Ordinance 5248 repealing Ordinance 5211, including repeal of Chapter 8.68 of Title 8 of the El Dorado County Ordinance Code, related to the regulation of tobacco retailers and establishment of a tobacco retail license,
On July 29, 2025, staff presented the Board with an economic analysis of the impacts of tobacco regulations and options for amending or repealing the Tobacco Retail License (TRL) and Zoning Ordinance. As a result of this information, the Board directed staff to proceed with repealing Ordinances 5210 and 5211. In addition to the ordinance repeals, the Board requested that staff return with data and analysis on potential setback requirements between schools and tobacco retailers, as well as data on smoke shop operations and their compliance with state laws.
During the creation of the original ordinance, staff used the same setback as for cannabis, which is 1,500 feet from sensitive uses. Staff examined three potential setback distances between schools and tobacco retailers: 500 feet, 1,000 feet, and 1,500 feet. At the July 29, 2025, meeting, staff were asked to analyze the potential tobacco retailers that would fall within each of the three setback areas.
500 Foot Setback
1,908 parcels - zoned commercial.
1,288 are developed - 10 of those have smoke shops.
620 are vacant commercial parcels.
1,000 Foot Setback
1,591 parcels - zoned commercial.
1,060 are developed - 8 of those have smoke shops.
531 are vacant commercial parcels.
1,500 Foot Setback
1,301 parcels - zoned commercial.
860 are developed - 8 of those have smoke shops.
441 are vacant commercial parcels.
As part of this review, staff collaborated with the Sheriff’s Office and obtained call-for-service data, which revealed that no arrests or citations were issued in connection with calls related to smoke shops.
During the Spring, Fall, and Winter of 2022 and the Winter of 2023, the Sheriff’s Office received grant funding from the California Department of Justice under Proposition 56. This grant funding helped reduce the illegal sale of tobacco products to minors through compliance checks, retailer education, and education programs/outreach/training.
Environmental Management recommends the Board direct staff to refund Tobacco Retail License applicants who paid fees on or after the effective date of Resolution 178-2024.
Finally, the Resolution of Intention is required by Section 130.63.020 (Ordinance Amendments and Zone Change Applications) of the Zoning Ordinance to amend the Zoning Ordinance related to tobacco retailers.
ALTERNATIVES
The Board could choose not to repeal the ordinances and leave them in place as written or give staff a different direction to return to the Board.
PRIOR BOARD ACTION
July 29, 2025, Legistar file 25-0901, Board directed staff to return to the Board to repeal Ordinances 5210 and 5211.
March 25, 2025, Legistar file 25-0336, Board provided conceptual approval to amend Ordinances 5210 and 5211.
November 5, 2024, Legistar file 24-1371, Board approved final passage of Ordinances 5210 and 5211.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
Environmental Management
Sheriff’s Office
CAO RECOMMENDATION / COMMENTS
In consideration of the Sheriff’s Office call-for-service data on smoke shops and the lack of citations or arrests, it is recommended not to develop a new ordinance for smoke shops.
FINANCIAL IMPACT
The repeal of ordinances 5210 and 5211 does not affect the Net County Cost.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair’s signature on one original copy of the ROI.
2) Clerk of the Board will forward one electronic copy of the fully-executed ROI to Planning and Building, attention Rob Peters.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Tara Stout
CAO Principal Management Analyst