When San Mateo County Supervisor Ray Mueller, a Menlo Park resident, championed a county ordinance that restricted sale of tobacco products near areas known to attract young people, the Menlo Park City Council approved it with little discussion. In doing so, it appears to have banned new stores from opening in nearly all of the city and restricted the transfer of ownership of existing stores.
The county bans tobacco sales within 1,000 feet of any lot which has a “youth-populated area” on any portion of the property. San Mateo County cites seven types of areas that count as youth populated: a public or private school that has grades kindergarten through high school, a library open to the public, a playground open to the public, a youth center, a recreational facility, a college or university and a child care center aside from home daycares.
While those definitions may appear to allow tobacco to be sold in many places, the law’s definition of “youth center” and “recreational facility” likely blocks most feasible locations for a tobacco retailer to operate.
A youth center is defined as a “facility where children ages 6 to 17 come together for programs and activities,” and likely includes businesses like tutoring centers or afterschool programs.
A recreational facility is considered an area, place or facility, open to the public, that is “used either permanently or temporarily for community recreation, even though it may be used for other purposes.” The law explicitly counts places like gyms and sports facilities as examples of businesses that are included.
Instead of creating and enforcing its own tobacco retailer rules, Menlo Park allowed San Mateo County to enforce a permitting and restrictions program throughout the city. While it could save the city more than $100,000, it comes with an important caveat: Menlo Park cannot deviate from San Mateo County’s rules when it comes to tobacco sales.
“I didn’t know that the ordinance as written would ban the opening of new smoke shops in Menlo Park if the city adopted it. But that being the case makes me even prouder of the ordinance: it protects kids and our youth in the community now and in the future,” Mueller said after being told about The Almanac’s findings.
Menlo Park allows retailers in many commercial and office zoning areas.
Most of the areas where tobacco retailers could be allowed seem unlikely ever to be used as such. The areas where a tobacco retailer could open include a 10-acre portion of the interior of the SRI International campus which is under development, a 10-acre office area in the Willows, a half an acre portion of a parking lot in the Willows, six acres of Meta headquarters and a few acres of office space away from any major streets.
The only retail area that would allow a tobacco retailer is .9 acres of a strip mall in Belle Haven. There are currently no permitted tobacco retailers there.
Of the 20 tobacco retailers currently allowed in the city, all are affected. Tobacco retailers include any business that sells tobacco or tobacco paraphernalia, including some grocery stores.
Currently existing retailers are exempt from the location restrictions but, if they change owners, the new owners would need to follow the rules. Many of the locations are gas stations that are franchised.
Even more areas of the city could be restricted depending on how the county Health Department interprets the rules. For example, county spokesperson Effie VerducciIf said hiking trails, bike paths and dog parks are all considered recreation facilities.
Mueller said that adult smokers can go to existing stores to buy tobacco products.
“What this ordinance means is that we won’t see smoke shops, which frankly celebrate this public health nuisance pop up in our neighborhoods like we have seen in so many others,” Mueller said.
West Menlo Park store
In August 2024 and July 2025, the ordinance was put to the test when a tobacco retailer attempted to open in unincorporated West Menlo Park twice in the same location. It is the first known time that the restrictions forced a store to stop selling certain products.
Even though Blazin Gifts, which opened in July 2025, agreed to remove several tobacco paraphernalia objects, Mueller is not done.
The store sold several non-tobacco products that he believes should not be sold near schools. He said he is currently working on an ordinance to prohibit the sale of other products like Nitrous Oxide and some mushrooms.
