Contra Costa County Municipal Code Art. 88-26.4 Tobacco Retailing Business Locations

In land use districts where tobacco retailing regulated by this chapter would otherwise be a permitted use, it is unlawful to establish or maintain a tobacco retailing business if the location of the business is:

(a) Within five hundred feet of any parcel occupied by any other tobacco retailing business; or

(b) Within one thousand feet of any parcel occupied by a public or private school, playground, park, or library.

For the purposes of this section, distance is measured by the shortest line connecting any point on the property line of the parcel on which the tobacco retailing business will be established or maintained to any point on the property line of the other parcel.

(Ord. No. 2017-10, § II, 7-11-17)

For the purposes of this article, the establishment of a tobacco retailing business includes the opening of a tobacco retailing business as a new business, the relocation of an existing tobacco retailing business to a different location, or the conversion of an existing retail business location to a tobacco retailing business.

(Ord. No. 2017-10, § II, 7-11-17)

(a) For the purposes of this chapter, each of the following is a nonconforming tobacco retailing use:

(1) Tobacco retailing at any lawful tobacco retailing business, existing at the time this chapter becomes effective, that does not conform to the provisions of Section 88-26.402.

(2) Tobacco retailing at any lawful tobacco retailing business that, after this chapter becomes effective, does not conform to the provisions of Section 88-26.402(b) due to the lawful establishment of a public or private school, playground, park, or library.

(b) A nonconforming tobacco retailing use is not a violation of this chapter. If a nonconforming tobacco retailing use is continued after the effective date of this chapter, all applicable permits and licenses, including a tobacco retailer's license, must be maintained in full force and effect, and the nonconforming tobacco retailing use may not be increased, enlarged, or expanded.

(Ord. No. 2017-10, § II, 7-11-17)

A tobacco retailing business allowed under this chapter may only be established and maintained in full compliance with Division 445.

(Ord. No. 2017-10, § II, 7-11-17)