Supervisors advance tighter controls on tobacco-paraphernalia storefronts, continue for technical amendments

The Land Use and Transportation Committee on March 18 adopted amendments and continued an ordinance that would impose stricter zoning controls on tobacco paraphernalia establishments (TPEs) in the North Of Market Special Use District (SUD) and Lower Polk.

Vice Chair Dean Preston described the proposal as a response to constituent concerns in the Tenderloin about an "oversaturation" of stores selling tobacco-related paraphernalia and related illicit activity. He said the ordinance would classify any presence of tobacco paraphernalia as qualifying a business as a TPE and would make new TPEs in the North Of Market SUD subject to conditional‑use authorization. Preston said he and staff had circulated four amendments, including shortening the abandonment period for nonconforming TPEs from 18 months to 180 days and applying the Polk Street NCD controls to Lower Polk.

Multiple community groups and residents — including speakers affiliated with the Central City SRO Collaborative, Lower Polk CBD and neighborhood merchants — testified in support, citing late‑night nuisance behavior and public‑safety concerns. Tenderloin residents described sidewalks blocked by congregations and nighttime activity they say is associated with these storefronts.

President Aaron Peskin joined as a cosponsor, describing the item as "where zoning meets public safety," and the committee voted to adopt the proposed amendments. Because some changes were substantive, Vice Chair Preston moved and the committee approved a one-week continuance; the ordinance will return to the committee on March 25, 2024 with technical refinements, including consultation with the City Attorney’s Office on nuisance remedies.

The ordinance as amended would still require additional review and a subsequent committee vote before going to the full Board.