Extracted standards
14 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Cessation period for existing smoke shops60 days
Notwithstanding anything in Section 10-3.502, "nonconforming uses," to the contrary, any Existing Smoke Shop that ceases to operate for a period of sixty (60) consecutive days shall be discontinued, except that the Director of Community Economic and Development may extend this period by ninety (90) days if the Director determines that the cessation of the business is due to a cause outside of the preexisting Smoke Shop's reasonable control, such as a natural disaster or declared emergency.
- Existing smoke shops may continue
Notwithstanding Section 10-3.803, any existing and lawfully operating Smoke Shop that holds a City business license and all other required permits, licenses, and/or land use entitlements as of October 8, 2024, may continue to lawfully operate subject to the requirements of this Section.
- Existing smoke shop permit deadline
All Existing Smoke Shop shall apply for a Smoke Shop Permit pursuant to Chapter 4-24 of the Modesto Municipal Code and comply with all related requirements no later than November 14, 2025. An Existing Smoke Shop that fails to timely obtain a Smoke Shop Permit and comply with all related requirements shall cease to be an Existing Smoke Shop under Subsection (a) and shall be subject to all requirements of Section 10-3.803.
- No expansion without compliance
Notwithstanding anything in Section 10-3.502, "nonconforming uses," to the contrary, an Existing Smoke Shop shall not expand the square footage of the establishment or display area dedicated to tobacco products or tobacco paraphernalia as of July 22, 2025, without first complying with Section 10-3.803.
- Minimum distance from childcare1,000 ft
No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations: (ii) State-licensed childcare center;
- Minimum distance from other smoke shops1,000 ft
No Smoke Shop use shall be located within one thousand (1,000) feet of any Commercial Cannabis Uses or another Smoke Shop, as measured from the nearest property lines.
- Minimum distance from parks1,000 ft
No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations: (iii) Public park, playground, or recreational area, including a trail that is immediately adjacent to a public park or public library;
- Minimum distance from residential use100 ft
No Smoke Shop use shall be located within one hundred (100) feet of any residential use; this distance shall be measured from any building or structure containing a Smoke Shop use to an existing residential structure used for residential purposes.
- Minimum distance from schools1,000 ft
No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations: (i) A public or private State-licensed or accredited school providing instruction to students in kindergarten or any grades 1 through 12;
- Minimum distance from treatment facility1,000 ft
No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations: (v) An alcohol or other drug abuse recovery or treatment facility.
- Minimum distance from youth facility1,000 ft
No Smoke Shop shall be located within one thousand (1,000) feet, as measured from the nearest property lines, of the following locations: (iv) Youth facility or center;
- Permitted zones
Smoke Shops are permitted in the zones identified in Table 3.8-1 and prohibited in all other zones. Table 3.8-1 lists SSL zones.
- Smoke Shop Permit required
All Smoke Shops permitted by Section 10.3.803 must, prior to establishing and operating any such Smoke Shop use, obtain and maintain at all times a valid Smoke Shop Permit from the City pursuant to Chapter 4-24 of the Modesto Municipal Code.
Overlay
- ProhibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. in Downtown Cannabis Prohibition OverlayOverlay districtA second set of rules laid over the base district, adding requirements without replacing it.
Smoke Shops are prohibited in the Downtown Cannabis Prohibition Overlay, regardless of a property's zoning designation. The Downtown Cannabis Prohibition Overlay is that area shown in Figure 3.7.1 under Title 10, Chapter 3, Article 7 of this Code, and further described as the area including all properties that front either side of or are within the area bound by the following streets: Kansas Avenue, from Highway 99 to 9th Street; Needham Street; Downey Avenue, from McHenry Avenue to Burney Street; Burney Street, from Downey Avenue to Jennie Street; D Street, from Jennie Street to Highway 99; and the area fronting Highway 99 within the boundary. If any parcel is partially within the Downtown Cannabis Prohibition Overlay, Smoke Shops shall be prohibited on the entire parcel.
From the ordinance
Smoke Shops are permitted in the zones identified in Table 3.8-1 and prohibited in all other zones.