Underage sales, hidden stashes: Richmond extends tobacco moratorium

The Richmond City Council voted Tuesday to extend its moratorium on new tobacco retailers for an additional 12 months, citing growing concerns over illegal sales, youth access to tobacco, and non-compliance with licensing regulations.

The original moratorium, enacted in April 2024, was set for 45 days and extended for nearly a year. The latest extension, which will last until April 2026, allows city officials more time to develop a comprehensive regulatory framework while cracking down on illicit activity.

Unlicensed retailers and illegal sales

Director of Community Development Lina Velasco presented findings from ongoing inspections, revealing that at least 51 retailers are selling tobacco products without a city-issued license. In addition, 32 licensed retailers continue to operate under previous regulations. City staff have discovered businesses selling flavored tobacco, which Richmond has banned since 2018 and has been banned statewide since January 1, 2025, and the employment of minors to sell tobacco products.

“The issues are broader than we expected. It’s not just an issue of not obtaining the license; we’re also finding that tobacco retailers are employing underage attendants who are selling this product. So these are people under the age of 18,” Velasco said. “We also have found retailers are selling unlawful cannabis, psychedelic mushrooms, drug paraphernalia, and some of this material, we have found concealed and hidden doors and hidden drawers.”

Inspections have revealed unlawful cannabis, hidden doors and drawers and tobbaco products from Georgia and other states that may have fewer taxes. Photos/City of Richmond

Velasco said the tobacco products are also being marketed to minors, with packaging resembling candy or soda, like Arizona iced tea or gummy bears.

State law and local enforcement challenges

New state laws — Assembly Bill 1328 and Senate Bill 1230 — aim to strengthen California’s flavored tobacco ban, but enforcement remains a challenge. The California Department of Justice and the California Department of Public Health are still refining procedures for confiscating illegal products.

During the discussion, several council members expressed frustration over the city’s inability to immediately shut down illegal tobacco retailers. Vice Mayor Cesar Zepeda questioned why businesses openly violating laws can continue operating.

“They don’t have a business license, they’re selling illegal stuff,” Zepeda said. “What resources can we provide to you and your departments to immediately shut them down because they’re a danger to our community?”

Councilmember Doria Robinson also questioned why the city couldn’t shut down businesses selling illegal items.

“I still don’t understand it,” Robinson said. Do we have any existing ordinances or rules that, if somebody is using a retail location to sell illegal things, we can close that retail location? Is there an existing ordinance that we could use to have more immediate enforcement?”

City Attorney Dave Aleshire said he didn’t know of any ordinance allowing the city to close the business for an illegal sale.

“You would cite persons, and if they didn’t correct their behavior, you could get to that point,” Aleshire responded. “But we have to build a record with regard to the businesses so you can start a nuisance abatement type of process. You abate the nuisance by correcting the behavior.”

Mapping tobacco retailers and community impact

The city has mapped tobacco retailers, both legal and illegal, revealing a high concentration in central Richmond neighborhoods, including the Iron Triangle, Santa Fe, Coronado, North & East, Belding Woods, and parts of Pullman. While Hilltop and Pacific East Mall also have retailers, city officials emphasized that the most pressing concerns are in areas with greater youth exposure.

City of Richmond map of tobacco retailers.

Monica Marquez, a Senior Health Education Specialist with Contra Costa’s Community Health and Safety Tobacco Prevention Program, said Richmond’s retailers are purposefully and disproportionately located in communities with a greater number of racial and ethnic minorities and low-income populations.

“Their proliferation and proximity to communities can exacerbate disparities and make it harder for people who use tobacco products to quit, they can also make it more likely that youth will initiate tobacco use,” Marquez said.

Smoking prevalence map indicate higher smoking rates, with parts of Richmond exceeding the national average of 16.6 percent and reaching more than 21 percent in some area. Image/Centers for Disease Control and Prevention. . https://www.cdc.gov/places

Councilmembers sought to address about a dozen previously licensed tobacco retailers caught without a license when the moratorium was enacted in 2024.

Councilmember Doria Robinson proposed a motion to extend the moratorium with conditions allowing legacy retailers with tobacco licenses between 2018-2024 to renew them, provided they had valid business licenses and weren’t engaged in illegal activities.

“It does concern me when I’m hearing about the kind of legacy retailers who have maybe fallen down on getting their licenses, and it’s a main part of their business model,” Robinson said. “I would like to see an extension to include any outlet that had a license at some point in time to get another opportunity to renew that license and not be included in the moratorium, especially if it’s a handful, so that we can keep our focus on the kind of problematic new ventures.”

A public commenter, Aslam, stated that although the primary focus of this moratorium was the illegal stores on 23rd Street without a tobacco license, two of his family’s locations were also negatively affected and could lose their franchise.

“Some businesses didn’t get the information to update their license, while others did receive the bill to renew. That’s very unfair,” he said.

“If this moratorium is extended, we’ve already been told we’ll lose our franchise and have to leave. We really cannot survive here in Richmond any longer, whether we want to or not,” he said.

Next steps for the city

As part of the moratorium extension, the city has hired Good City Company to assist in regulatory updates and community engagement. A recent February workshop gathered residents’ input, and another meeting is planned for April 9.

In the coming months, city staff will finalize licensing, enforcement, and penalties recommendations. While officials hope to present new regulations by the summer, they sought a full 12-month extension to provide flexibility if more time is needed.

“Our goal is not to take the full year, but we only have one more extension available,” Velasco explained. “This is an opportunity to get it right and create a sustainable regulatory framework.”

In the meantime, Richmond officials will continue inspections and enforcement efforts, targeting retailers that violate the moratorium and existing tobacco laws. With increasing scrutiny on youth access and illegal sales, the city aims to establish clearer rules to protect public health while ensuring responsible business practices.

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