Contra Costa County Municipal Code Ch. 445-10 Tobacco Retailer's License

(a) It is unlawful for any retailer, individual, or entity to conduct tobacco retailing in the unincorporated area of the county without first obtaining and maintaining a valid tobacco retailer's license from Contra Costa County for each location where tobacco retailing is conducted.

(b) No tobacco retailer's license will be issued that:

(1) Authorizes tobacco retailing at any location other than a fixed location. Tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

(2) Authorizes tobacco retailing in a pharmacy.

(3) Results in the total number of tobacco retailer's licenses in the unincorporated area of the county exceeding ninety.

(c) Each day that tobacco products are offered for sale by a tobacco retailer without a tobacco retailer's license is a separate violation.

(Ord. No. 2017-01, § VIII, 7-18-17; Ord. No. 2003-01 § 3; Ord. No. 98-50 § 2)

If a clerk or employee sells a tobacco product or tobacco paraphernalia to any person under the age of twenty-one, the retailer shall immediately notify the appropriate local law enforcement agency of the violation of Penal Code section 308 for enforcement under that statute.

(Ord. No. 2017-01, § IX, 7-18-17; Ord. No. 2003-01 § 3; Ord. No. 98-50 § 2)

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Director" means the director of Contra Costa health services or the director of health service's designee.

(b) "Drug paraphernalia" has the meaning set forth in California Health and Safety Code section 11014.5.

(c) "Licensee" means a tobacco retailer who has been issued a tobacco retailer's license in accordance with Section 445-10.010.

(d) "Pharmacy" means any retail establishment where the profession of pharmacy is practiced by a pharmacist licensed by the State of California under the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

(e) "Public health director" means the public health director of Contra Costa County.

(f) "Tax collector" means the treasurer-tax collector of Contra Costa County.

(g) "Tobacco retailer" has the definition set forth in Section 445-2.006.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2017-01, § X, 7-18-17; Ord. No. 2003-01 § 3; Ord. No. 98-50 § 2)

(a) Application. An application for a tobacco retailer's license shall be submitted to the tax collector in the name of the retailer, individual, or entity proposing to conduct retail tobacco sales on the business premises. The application shall be signed by the retailer, individual or entity or agent with written authority to act for same. All applications shall be submitted on a form available from the tax collector and shall contain the following information:

(1) The name, address, and telephone number of the applicant;

(2) The business name, address, and telephone number of each establishment where tobacco is to be sold.

(b) Issuance and Renewal. All tobacco retailer's licenses will be issued and due for renewal effective July 1st and will expire on the subsequent June 30. Licensees must apply for renewal before the tobacco retailer's license expires. Applicants for renewal must follow the application procedures set forth in subdivision (a).

(Ords. 2003-01 § 3, 98-50 § 2).

(a) Upon receipt of a completed application for a tobacco retailer's license, including payment of a fee pursuant to Section 445-10.012, the tax collector will issue a tobacco retailer's license, unless any of the following grounds for denial exist:

(1) The application is incomplete or inaccurate;

(2) The application seeks authorization for tobacco retailing by a person or location for which a suspension is in effect under Section 445-10.018;

(3) The application seeks authorization for tobacco retailing that is an unlawful use of land, building or structure contrary to Divisions 82 or 84 of this code.

(4) Failure to pay an outstanding fine.

(b) Each licensee must prominently display the tobacco retailer's license at the location where tobacco retail sales are conducted.

(c) The tobacco retailer's license is nontransferable. If there is a change in location, a new tobacco retailer's license will be issued for the new address upon receipt of an application for change of location. The new tobacco retailer's license will retain the same expiration date as the previous one.

(Ords. 2003-01 § 3, 98-50 § 2).

A tobacco retailer's license will not be issued unless a fee is paid. The fee for a tobacco retailer's license shall reflect the reasonable cost of providing services necessary to the licensing activities of this chapter. The fees prescribed by this section are regulatory permit fees and do not constitute a tax for revenue purposes. The fee shall be in the amount established annually by the board of supervisors in the Contra Costa County health services department's fee schedule.

(Ords. 2003-01 § 3, 98-50 § 2).

If a tobacco retailer's license is denied, revoked, or suspended pursuant to this chapter, the holder of a valid business license issued pursuant to Chapter 64-14 of this code may nevertheless carry on all lawful aspects of their business, other than the sale or offering for sale of tobacco products, unless otherwise prohibited.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2003-01 § 3, 98-50 § 2).

(a) Grounds for Revocation. A tobacco retailer's license may be revoked on any of the following grounds:

(1) One or more of the grounds for denial of a tobacco retailer's license under Section 445-10.010 existed either when a license application was made or before the tobacco retailer's license was issued;

(2) The tobacco retailer's license fee is unpaid;

(3) The tobacco retailer's license has been transferred in violation of Section 445-10.010.

(b) Notice of Revocation Hearing. If any grounds for revocation exist, the director may issue a notice of revocation hearing. A notice of revocation hearing will be served to a tobacco retailer as specified in Section 445-10.022 and will include all of the following information:

(1) The address or a definite description of the location where the tobacco retailer's license is issued;

(2) The grounds for revocation;

(3) The date of the revocation hearing before the public health director. The notice of revocation hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of revocation hearing is served.

(c) Revocation Hearing. A tobacco retailer's license may be revoked by the public health director after a tobacco retailer's license revocation hearing. At the hearing, the licensee will be given the opportunity to testify and to present evidence concerning the grounds set forth in the notice of revocation hearing. After considering the testimony and evidence submitted at the hearing, the public health director will issue a written decision to revoke or not revoke the license and will list in the decision the reason or reasons for that decision. The written decision will be served as specified in Section 445-10.022. A revocation is without prejudice to the filing of a new application for a tobacco retailer's license.

(d) Revocation Appeal. The decision of the public health director to revoke a tobacco retailer's license is appealable to the board of supervisors and will be heard at a noticed public hearing as provided in Chapter 14-4 of this code.

(e) Final Order. The tobacco retailer's license revocation becomes a final administrative order at one of the following times:

(1) On the date of the revocation hearing, if a tobacco retailer fails to appear at a scheduled revocation hearing;

(2) On the date the public health director's decision is served, if a tobacco retailer fails to file a written appeal to the board of supervisors within the time specified;

(3) On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled appeal hearing before the board of supervisors;

(4) On the date of the decision by the board of supervisors, if a tobacco retailer appears at a scheduled appeal hearing before the board of supervisors.

(Ords. 2003-01 § 3, 98-50 § 2).

(a) Grounds for Suspension. A tobacco retailer's license may be suspended for any violation of this division, any state or federal tobacco-related laws, any state or federal law regulating controlled substances or drug paraphernalia, or any state or local law regulating advertising and signage on retailer's window space.

(b) Notice of Suspension Hearing. If any grounds for suspension exist, the director may issue a notice of suspension hearing. The notice of suspension hearing will be served to a tobacco retailer as specified in Section 445-10.022 and will include all of the following information:

(1) The date of the violation.

(2) The address or other description of the location where the violation occurred.

(3) The code section(s) violated, or applicable state or federal law violated, and a description of the violation.

(4) The time period of the tobacco retailer's license suspension.

(5) The date of the suspension hearing before the public health director. The notice of suspension hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of suspension hearing is served.

(c) Suspension Hearing. A tobacco retailer's license may be suspended by the public health director after a tobacco retailer's license suspension hearing. At the hearing, the licensee will be given the opportunity to testify and to present evidence concerning the notice of suspension hearing. After considering the testimony and evidence submitted at the hearing, the public health director will issue a written decision to suspend or not suspend the tobacco retailer's license. The public health director will list in the decision the reason or reasons for the decision and will list the time period of the tobacco retailer's license suspension, if applicable. The written decision will be served as specified in Section 445-10.022.

(d) Time Period of License Suspension.

(1) A tobacco retailer's license may be suspended for up to thirty days for a first violation.

(2) A tobacco retailer's license may be suspended for up to ninety days for a second violation that occurs within five years after the first violation.

(3) A tobacco retailer's license may be suspended for up to one year for a third violation and for each subsequent violation that occurs within five years after the first violation.

(e) Suspension Appeal. The decision of the public health director to suspend a tobacco retailer's license is appealable to the board of supervisors and will be heard at a noticed public hearing as provided in Chapter 14-4.

(f) Final Order. The tobacco retailer's license suspension becomes a final administrative order at one of the following times:

(1) On the date of the suspension hearing, if a tobacco retailer fails to appear at a scheduled suspension hearing.

(2) On the date the public health director's decision is served, if a tobacco retailer fails to file a written appeal to the board of supervisors within the time specified.

(3) On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled appeal hearing before the board of supervisors.

(4) On the date of the decision by the board of supervisors, if a tobacco retailer appears at a scheduled appeal hearing before the board of supervisors.

(Ord. No. 2017-01, § XI, 7-18-17; Ord. No. 2003-01 § 3; Ord. No. 98-50 § 2)

The county may seek compliance with this chapter by any remedy allowed under this code, including, but not limited to, revocation (Section 445-10.016), suspension (Section 445-10.018), administrative fines (Chapter 14-12), criminal citations (Section 14-8.008), and any other remedy allowed by law.

(Ords. 2003-01 § 3, 98-50 § 2).

All notices or decisions required to be served by this chapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b). The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings.

(a) Certified mail. Certified mail will be addressed to the tobacco retailer at the address shown on the license application. Service is deemed complete upon the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail on the date mailed.

(b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served.

(Ords. 2003-01 § 3, 98-50 § 2).

(a) A tobacco retailer without a valid tobacco retailer's license, including a tobacco retailer whose license has been suspended or revoked, shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia while a license is suspended or revoked is a violation of Section 445-10.002.

(b) A tobacco retailer without a valid tobacco retailer's license, including a tobacco retailer whose license has been suspended or revoked, may not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of these products from the tobacco retailer's location or that could lead a reasonable consumer to believe that these products can be obtained at that location.

(Ord. No. 2017-01, § XII, 7-18-17)