FOWLER – As the city lights up a fresh set of tobacco regulations, leaders and staff are searching for the right balance between public health and economic growth.
On April 21, the Fowler City Council considered an ordinance to update the city’s regulations on tobacco retailers. Among other updates, the ordinance seeks to implement a cap on the number of tobacco retail licenses based on population, instate a minimum distance of 1,000 feet between youth-oriented facilities and tobacco retailers, and prohibit delivery sales through online, in-app or curbside options.
Although the council seemed to be mostly on board with cutting back on tobacco sales within the city, concerns were raised about the effect that a license cap would have on current and upcoming projects. One such project is an upcoming convenience store in the area of South Fowler Avenue and West Fresno Street.
“They’re about to invest hundreds of thousands, or probably millions of dollars, into a business and a structure and everything, and I feel like we’re changing a condition last minute on them,” said Mayor Juan Mejia during the discussion.
The project that Mejia referred to was approved by the council at a previous meeting, but was denied a liquor license in an effort to combat oversaturation. During the April 21 meeting, Mejia’s main concern was that now preventing tobacco sales would “kill” the project.
The ordinance’s suggested license cap is based on a ratio of one per 2,500 residents, and with 11 tobacco licenses currently held in the city, Mayor Pro Tem Amarjett Gill pointed out that Fowler is already above the proposed cap.
City Attorney Roy Santos later assured the council that the license cap would not negatively impact already existing businesses, and that if any of those retailers were to one day leave, those licenses would simply not be replaced until the city reaches the appropriate number according to the population.
However, Santos also explained that the upcoming convenience store at South Fowler Avenue and West Fresno Street would be subject to the cap if they try to get their license after the ordinance has taken effect.
In an effort to maintain good faith with developers, the council spent the majority of the discussion workshopping adjustments to the proposed ordinance that would retain its goals while staying true to project approvals.
Gill suggested early on that the license cap ratio could be lowered to one per 1,000 residents, and Community and Economic Development Director Matthew Flood said a change of that nature could be appropriate. He explained that the proposed ordinance was drafted with feedback and recommendations from a division of the Fresno County Department of Health that promotes anti-tobacco policies, and that changes could be made to better suit the specific needs of Fowler.
“I took the recommendation of the experts that did review this ordinance, and I feel that one in 2,500 number … is probably more appropriate for larger cities, and you have to take into account other elements,” said Flood during the discussion. “For example, the 99 runs through Fowler, creating kind of a conglomeration and increase in convenience stores.”
Another idea posed by Santos was to create a “grace period” for projects that have already been approved by a certain date. Flood suggested that an effective date of Jan. 1, 2027 could give developers time to finalize aspects of their projects and apply for licenses, but Councilmember Daniel Parra was doubtful that this would be enough time.
Santos then suggested that the city keep the population-based license cap, but introduce an exception for retailers whose tobacco sales are below a certain percentage. This could still help limit tobacco sales within the city, while not deterring retailers like Target, Save Mart or gas stations from opening up shop in Fowler.
“We’ve done it in the past with other businesses like CBD, especially for larger retailers where the sales of CBD were a very small amount,” said Santos to the council. “They did a percentage where if your grocery receipts are 2% from CBD, then you’re exempt — from 2% or less.”
With these points raised, the council decided that they would wait for staff to do research on big retailer sales of tobacco, and use that data to better determine the ratio for a license cap and a potential percentage-based exemption clause.
Near the end of the discussion, Mejia pointed out a smaller issue he had with regards to the prohibition of delivery sales, and put forth a suggestion to remove that section of the ordinance. Mejia and Parra agreed that it would be difficult to enforce, and would merely incentivize residents to order online from nearby communities.
Flood clarified that this portion of the ordinance is intended to prevent minors from ordering tobacco products online, but Santos later said that in practice it is “near impossible to enforce” from a legal perspective.
During the public comment, Leila Gholamrezaei-Eha with the Fresno County Tobacco Prevention Program added onto Flood’s point by saying that these types of regulations are based on “complaint-driven enforcement.” This means that parents could call in to report that their child has been delivered products from a business in the community, and the city could then enact enforcement on that store.
Gholamrezaei-Eha also took time to share that according to a 2024 survey of 165 Fowler residents, “there was really strong support for comprehensive tobacco retail licensing policy,” and that the city is on the right track with the proposed ordinance.
With a multitude of points considered throughout the discussion, the council unanimously approved a motion to send the item back for more information on large retail tobacco sales percentages, and to remove the online component of the ordinance.
The ordinance is currently scheduled to be brought back at the second meeting in May.
EDITOR’S NOTE: A previous version of this article was updated on April 24, 2026 at 4:27 p.m. pst to correct the amount of Fowler residents who took the 2024 survey referenced in the report.
