Fresno City Council Vice President Miguel Arias speaks to the media Tuesday, March 11, 2025 at a news conference announcing a new smoke shop ordinance. Photo by Frank Lopez

A majority of smoke shop owners in Fresno will have to shut down their businesses after a lawsuit was dismissed in court.

On Wednesday, City Attorney Andrew Janz, Fresno City Council Vice President Miguel Arias and Councilmember Nelson Esparza announced the dismissal of the lawsuit filed by the California Smoke Shops Association.

In June, the council approved a new ordinance requiring a conditional use permit that will effectively reduce the number of smoke shops to seven per district, or 49 in total.

Smoke shops currently operating in Fresno are within in an 18-month window where they must reinvent themselves or shut down.

After a December 2026 deadline, only smoke shops with an approved CUP — chosen through a lottery system — will be allowed to do business.

Arias said smoke shops have been operating as rogue businesses without oversight, selling illegal tobacco, cannabis, paraphernalia and putting children at risk.

“The City will move forward with inspections, fines, and full implementation and enforcement of the Smoke Shop Ordinance,” Arias said.

To date, the city’s enforcement team has conducted more than 234 smoke shop inspections, including inspections and reinspections, according to a news release.

Since enforcement began, 26 smoke shops have closed.

Esparza said the court’s dismissal of the lawsuit confirms the city is on the right side of the issue.

“The ordinance is about creating safer, healthier, communities and keeping harmful products and irresponsible operators out of reach,” Esparza said. “With this decision, we’re moving forward with confidence to protect our neighborhoods and our youth.”

In September, a federal judge denied a motion from the California Smoke Shop Association for a preliminary injunction to block the ordinance.