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File #: 25-1670    Version:
Type: Agenda Item Status: Consent Calendar
File created: 9/22/2025 In control: Board of Supervisors
On agenda: 10/28/2025 Final action:
Title: 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.
Attachments: 1. A - TRL Ordinance Counsel Approval, 2. B - Repeal TRL Ordinance No. 5211, 3. C - Fee Resolution Counsel Approval, 4. D - Repeal of Fee Reso 178-2024, 5. E - ROI Counsel Approval, 6. F - ROI Tobacco Retailers, 7. G - Ordinance 5210, 8. H - Ordinance 5211
Related files: 24-1371, 25-0336, 25-0901
Title
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.
Body
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...

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