Fresno, CA Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Shops per district
- 7 maximum, Council District
- New-shop permit
- Conditional Use Permit required
- Distance from other shops
- 1,000 feet minimum
- Distance from sensitive uses
- 1,000 feet (parks, schools, treatment)
- Existing-shop amortization
- 18 months to get CUP
- Camera storage
- Minimum 14 days footage
- Flavored tobacco sale
- Immediate CUP revocation
Summary
Fresno limits Smoke Shops to seven per City Council District and requires every new one to win a Conditional Use Permit under Fresno Municipal Code Section 15-2761. New shops also can't sit within 1,000 feet of another Smoke Shop or within 1,000 feet of a park, school, or drug-treatment facility.
Up to seven Smoke Shops may operate in each City Council District. ... Any New Smoke Shop established after the effective date of this section shall obtain a Conditional Use Permit as provided herein and shall comply with all requirements of this section. ... The Smoke Shop shall not be located within 1,000 feet of the following: A public park, playground, recreational area including a trail that is immediately adjacent to a public park, or youth facility, including a boys and girls club, nursery school, preschool, or day care facility. ... The Smoke Shop shall not be located within 1,000 feet of another Smoke Shop.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 54).
Full Breakdown
Fresno created its Smoke Shop ordinance to amortize existing stores and cap new ones: Section 15-2761 allows up to seven Smoke Shops per City Council District. Any Smoke Shop opened after the ordinance's effective date needs a Conditional Use Permit under Section 15-2761(D), issued through a public-notice and, when applications exceed open slots, a lottery process -- a 10-day newspaper notice, a 60-day application window, and a lottery within 120 days of that window closing. Every location needs its own Business License under Chapter 7; sharing one license or CUP across locations is not allowed.
Location restrictions in Section 15-2761(F) keep new Smoke Shops at least 1,000 feet from another Smoke Shop and at least 1,000 feet from a public park, playground, youth facility, licensed school, or drug and alcohol treatment facility. Existing Smoke Shops that predate the ordinance get an 18-month amortization period under Section 15-2761(C) to either win a CUP or close, with a path to request more time from the Director if they can show the amortization period doesn't cover their investment. Operational rules in Section 15-2761(G) require color video surveillance with at least three interior cameras and 14 days of stored footage, ban vending-machine sales, cap in-store paraphernalia display at 25% of floor area, limit window advertising to 5% of glazed area near sensitive uses, and require posted STAKE Act warning signs.
Selling cannabis, drug paraphernalia, nitrous oxide, or flavored tobacco triggers immediate Conditional Use Permit revocation proceedings under Section 15-5016. Repeated nuisance activity -- drug sales, loitering, prostitution, public intoxication -- can get an operator's right to run a Smoke Shop suspended for 30 days under Section 10-609 until the City Manager confirms the problem is fixed.
Violations & Fines
Operating a new Smoke Shop without a Conditional Use Permit, exceeding the seven-per-district cap, or selling cannabis, drug paraphernalia, nitrous oxide, or flavored tobacco exposes the operator to immediate CUP revocation proceedings under Section 15-5016. An inoperable video system or an egregious nuisance violation can trigger a 30-day suspension of the right to operate under Section 10-609, and Code Enforcement can prosecute Development Code violations as a misdemeanor or infraction under Section 15-6305.
Frequently Asked Questions
How many Smoke Shops can operate in one part of Fresno?
Does an existing Fresno smoke shop need a permit under the new ordinance?
Can a Fresno smoke shop sell flavored vape products?
What security equipment must a Fresno smoke shop install?
Sources & Official References
Other rules in Fresno
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Tobacco Retail License in Nearby Cities
How other cities in Fresno County handle tobacco retail license.