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

Planning Code Section 303(m) governs any Tobacco Paraphernalia Establishment, using the definition in Section 102 of the Code to decide which stores it covers. Such an establishment needs Conditional Use authorization from the Planning Commission, and Section 303(m)(1) stacks specific findings on top of the general Conditional Use criteria in Subsections 303(c) and (d), so a smoke shop faces every ordinary Conditional Use test plus its own list. The added findings center on concentration. The Commission must find that the concentration of such establishments in the particular zoning district proposed does not appear to contribute directly to peace, health, safety, and general welfare problems; the list runs through drug use, drug sales, and drug trafficking, and extends to loitering, littering, and traffic and parking problems.

The Commission must also find that resident safety is not adversely impacted and that the use is compatible with the district's character. Because the findings are framed around concentration in the district, the Commission is weighing the cluster of similar stores around the proposed site, not only the applicant's own plans, so the existing lineup of establishments on a corridor can decide the outcome of an application.