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Fresno, CA Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Fresno Municipal Code Section 15-2761 caps Smoke Shops at seven per City Council District, and a new one also can't locate within 1,000 feet of another Smoke Shop. Once a district hits seven, the City only issues a new Conditional Use Permit there if an existing shop's permit lapses or is revoked, opening a vacancy.
Does an existing Fresno smoke shop need a permit under the new ordinance?
Yes, eventually. Existing Smoke Shops get an 18-month amortization period under Section 15-2761(C) to either obtain a Conditional Use Permit or close. An operator who thinks 18 months isn't enough to recover their investment can ask the Director for more time at least 90 days before the period ends.
Can a Fresno smoke shop sell flavored vape products?
No. Section 15-2761(G)(12) bans flavored tobacco sales at Smoke Shops entirely, and selling it triggers immediate Conditional Use Permit revocation proceedings. Inspectors from the Fresno Police Department or Code Enforcement can seize and destroy flavored product found on-site.
What security equipment must a Fresno smoke shop install?
Section 15-2761(G)(5) requires a color digital video system with cameras on every cash register, at least three cameras covering customer areas, and at least 14 days of stored footage that police can request within 24 hours. An inoperable system is grounds for the City to move toward revoking the shop's Conditional Use Permit.

Sources & Official References

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