Code enforcement targets unpermitted smoke shops amid citywide moratorium

A new smoke shop has opened on 23rd Street despite a moratorium on new tobacco retailers in Richmond.

According to Richmond’s Director of Community Development, Lina Velasco the Lucky Smoke Shop at 633 23rd St. does not have the proper permitting and was referred to code enforcement for follow-up.

Eva Mann, Richmond's Code Enforcement Manager, said staff saw a new sign for Lucky Smoke Shop posted on the building in March and issued a notice of violation before the store opened.

The notice was issued prior to the city council passing a moratorium on new tobacco retailers.

“The property owner and tobacco retailer were nonresponsive to the notice and additional actions are being taken to compel compliance,” Mann said.

The Richmond City Council adopted an urgency ordinance in April to impose a moratorium on new tobacco retailers after receiving numerous complaints about the number of smoke shops and tobacco retailers throughout the city. The council later extended the moratorium until April 15, 2025. 

City staff requested the moratorium to provide time to study and engage the public in establishing regulations for tobacco retailers to protect public health and safety.

According to the moratorium ordinance, new tobacco retailers are prohibited in all zoning districts and lands within the city. No application for any permit, license, or land use entitlement was to be granted or approved for any new tobacco retailer in Richmond.

Richmond’s Code Enforcement department has developed a comprehensive list and map of all known tobacco retailers operating in Richmond using complaints received and online sources, according to Mann.

“We have identified a list of tobacco retailers operating with proper licenses and those without,” Mann said. “Two temporary Code Enforcement Officers were contracted via a consulting firm to assist with inspections and enforcement efforts around tobacco retailers.”

Mann said, city and county personnel are developing a task force that will play a key role in the city’s inspection and enforcement process.

“Currently, we are developing template notices, including cease and desist letters, notice of violations, and other anticipated notices for use in enforcement actions,” Mann said.

District 6 Councilmember Claudia Jimenez said the city manager and director of community development would address this issue. 

“We passed a moratorium on tobacco shops, and the city needs to do enforcement at this shop,” Jimenez said.

At an April Richmond City Council meeting, Community Development Planning Manager Hector Rojas said Richmond’s municipal code requires a tobacco retailer license for any business selling tobacco products or paraphernalia.

Before the moratorium, a tobacco retail license could be issued without a conditional use permit or a public hearing from the planning commission. However, several restrictions must be adhered to.

“One of the key restrictions about tobacco retailers having to be located at least 500 feet away from other tobacco retailers and at least 1,000 feet away from schools, playgrounds, parks, and libraries,” Rojas said.

Under the current city code, a tobacco retailer may not be located within 1,000 feet of Richmond’s Grant Elementary School, located at 2400 Downer Ave.

The Lucky Smokeshop sits just over 300 feet from Grant Elementary School.

According to photos posted on Yelp, the store offers a variety of tobacco, vaping, and smoking supplies, as well as clothes and snacks. Calls to the Lucky Smoke Shop were not answered.

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