25-0916

The Planning and Land Use Management (PLUM) Committee is recommending that the Department of City Planning prepare a report on best practices for regulating tobacco and nicotine retailers in Council District 15.

District CD 15
First Seen November 12, 2025
Last Seen November 12, 2025
Appearances 1 meeting(s)
Official title: PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an Interim Control Ordinance to prohibit the establishment or expansion of any retail business that permits the sale or on-site use of tobacco or nicotine products, ‘Tobacco Retailer’, near sensitive uses within the geographical boundaries of Council District 15.

Timeline

Related documents

Report from Planning and Land Use Management Committee_10-28-25
What is Being Proposed?

The Planning and Land Use Management (PLUM) Committee is recommending that the Department of City Planning prepare a report on best practices for regulating tobacco and nicotine retailers in Council District 15. The report should examine how other cities (including Redondo Beach, Long Beach, San Francisco, and New York City) have used zoning, licensing, buffer zones, and youth-access controls to restrict tobacco sales near sensitive locations like schools and parks.

Why?

The motion, initiated by Councilmembers McOsker and Lee, seeks to address concerns about tobacco retailers (commonly called "smoke-shops") operating near sensitive uses in Council District 15. The proposed regulation would prohibit the establishment or expansion of tobacco retail businesses within buffer zones around these sensitive areas. Three neighborhood councils—Westside, Wilmington, and Coastal San Pedro—support this initiative.

Key Details

The report must be completed within 45 days and must specifically address five critical questions: (1) What makes tobacco sales unique in District 15?; (2) How will buffer zones be applied and enforced?; (3) How will the Department of Finance determine if a business is within a buffer zone or being expanded?; (4) What resources are needed for implementation and enforcement?; and (5) What public health emergency justifies bypassing the normal code amendment process? The Committee voted 4-1 to approve (Blumenfield, Hutt, Lee, and Raman voted yes; Nazarian was absent).

Impact

This decision affects tobacco retailers and residents in Council District 15 by potentially restricting where smoke-shops can operate. The report will serve as the foundation for deciding whether to implement an Interim Control Ordinance, which would temporarily halt new tobacco retail establishments and expansions pending permanent regulatory changes.

Community Impact Statement submitted by Westside Neighborhood Council_9-11-25
What Is Being Proposed?

The Westside Neighborhood Council has submitted a Community Impact Statement (CIS) supporting Council File #25-0916. The board voted to support this file because it would prevent smoke shops from being established or expanded near sensitive uses in the area.

Why?

The Westside Neighborhood Council identified smoke shops operating or expanding near sensitive locations as a community concern. By supporting this council file, the neighborhood council is advocating for regulatory measures to restrict or control the placement of such businesses in proximity to schools, parks, residential areas, and other sensitive community spaces.

Key Details

Vote: 13 Yes, 0 No, 0 Abstain, 0 Ineligible, 0 Recusal (unanimous approval) Board Action Date: September 11, 2025 Neighborhood Council: Westside Contact: Joseph Roth (wncseat18@gmail.com) Impact Date: September 12, 2025

Impact

This statement affects residents in the Westside neighborhood by documenting community opposition to smoke shop expansion. If the council file advances, it could result in new land-use regulations limiting where smoke shops can operate, potentially protecting youth and families in the area from exposure to these businesses.

Motion (McOsker - Lee) dated 8-12-25
What is Being Proposed?

Councilmember Tim McOsker is proposing that the City Council direct the Department of City Planning (DCP) to prepare an Interim Control Ordinance (ICO) that would prohibit the establishment or expansion of retail businesses selling tobacco or nicotine products—particularly "smoke shops"—near sensitive uses within Council District 15. The motion also calls for a 45-day report on best practices from other cities for regulating tobacco and smoke-shop businesses.

Why This Action?

The City is experiencing a proliferation of smoke shops in overburdened communities like Wilmington in the Harbor Area. These businesses often locate near schools, parks, day-care centers, and churches, and frequently sell flavored tobacco and snack foods that attract youth. Unlike cannabis businesses, smoke shops can currently open "by-right" under existing zoning with only minimal oversight. Other cities like Redondo Beach have already taken proactive steps through interim moratoriums and stricter regulations to protect youth and ensure responsible land use.

Key Details

The ICO will include an urgency clause, making it effective immediately upon publication The ordinance will run for 45 days, extendable by Council Resolution for up to 10 months and 15 days Can be further extended for 1 year or until permanent regulatory controls are adopted The DCP must consult with the City Attorney, Department of Building and Safety (LADBS), and Department of Cannabis Regulation (DCR) The follow-up report must examine best practices from Redondo Beach, Long Beach, San Francisco, and New York City

Impact

This primarily affects residents of Council District 15 and the Wilmington/Harbor Area community, particularly youth who may be targeted by these businesses. The motion aims to protect children from tobacco and nicotine products while allowing the City time to develop comprehensive long-term regulations.

3 additional document(s)
Community Impact Statement submitted by Coastal San Pedro Neighborhood Council_10-20-2025
Community Impact Statement submitted by Wilmington Neighborhood Council_09-29-2025
Communication(s) from Public_09-22-2025