Chapter 5.55 — TOBACCO RETAILER BUSINESSES

It is the purpose and intent of this chapter to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, particularly those that prohibit or discourage the sale or distribution of tobacco products to minors. This chapter is not intended to expand or limit the scope of conduct regulated by federal or state law, nor to alter any penalties provided under such laws.

The restrictions and requirements of this chapter are further intended to reduce the burden on the Police Department and to allow for the more effective deployment of law enforcement resources toward the prevention of more serious crimes. (Ord. 2026-6, 6/9/2026)

"Control" means the ability, directly or indirectly, to influence the management, policies, or operations of a business, whether through ownership, contract, financial arrangement, lease, employment relationship, or otherwise.

"Electronic smoking device" means any electronic or battery-operated device that simulates smoking and can be used to deliver an inhaled dose of nicotine or any other substance in aerosolized or vaporized form, including any component, part, or accessory used in the preparation or operation of such device. This term includes, but is not limited to, electronic cigarettes, cigars, cigarillos, pipes, vape pens, hookahs, vaporizers, and atomizers. It does not include nicotine replacement or cessation products approved by the United States Food and Drug Administration.

"Flavored tobacco product" shall have the same meaning as set forth in § 6.30.010.

"Nitrous oxide" shall have the same meaning as set forth in § 6.40.010.

"Permittee" means any person or proprietor who holds a valid tobacco retailer's permit issued pursuant to this chapter.

"Proprietor" means any person with an ownership or managerial interest in a business. An ownership interest exists if a person, directly or indirectly, holds 10% or more of the business's stock, equity, or right to share in profits or residual distributions, excluding any security or debt interest. A managerial interest exists if a person exercises, or shares, control over the business's day-to-day operations.

"Sell" or "sale" shall have the same meaning as set forth in § 6.30.010.

"Smoke" or "smoking" shall have the same meaning as set forth in § 6.25.010.

"Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps as defined in California Penal Code § 308, pipes, holders of smoking materials of all types, cigarette rolling machines, or any other instruments or items designed or marketed for the consumption, preparation, storing, use, smoking or ingestion of tobacco products.

"Tobacco product" shall have the same meaning as set forth in § 6.30.010. Notwithstanding anything to the contrary in § 6.30.010, "tobacco product" includes any component, part, or accessory intended to be used with a tobacco product, whether or not sold separately.

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City of Newport Beach, CA § 5.55.010 NEWPORT BEACH CODE § 5.55.015

"Tobacco product flavor enhancer" has the meaning set forth in California Health and Safety Code § 104559.5(a)(18).

"Tobacco retailer business" shall have the same meaning as set forth in § 20.70.020.

"Tobacco retailer's permit" means a permit issued by the Chief of Police authorizing a specific location to engage in tobacco retailing. Issuance of a permit does not constitute a determination of compliance with all applicable laws. A permit may be suspended or revoked pursuant to this chapter.

"Tobacco retailing" shall mean the doing of any of the activities associated with a "tobacco retailer business" as defined in § 20.70.020. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Ord. 2026-6, 6/9/2026)

A. Tobacco Retailer's Permit Requirement. Except as provided in subsection (E) of this section, no person shall own, operate, or otherwise conduct a tobacco retailer business within the City without first obtaining and maintaining a valid tobacco retailer's permit for each location at which such business operates.

B. Zoning and Land Use Restrictions. Permits shall not be issued for locations that violate
Title 20 or Title 21 of this Code and shall only be located in zoning districts where retail
sales are a permitted use.

C. Prohibited Business Types. A tobacco retailer's permit shall not be issued or renewed for
any premises licensed by the state for on-site alcohol consumption, or for any restaurant or
business that offers food for on-site consumption.

D. Location Requirements. Tobacco retailer businesses shall comply with the following
minimum separation requirements:

1. One thousand feet from another permitted tobacco retailer business;

2. Five hundred feet from any public or private school, day care center, park,
playground, hospital, or youth center; and

3. Five hundred feet from any residential zoning district.
Distances required by this subsection shall be measured in a straight line, without regard
to intervening structures, from the closest property line of the parcel on which the tobacco
retailer business is located to the closest property line of the zoning district, property, or
use.

E. Nonconforming Use Exception. A tobacco retailer business lawfully operating as of the
effective date of the ordinance codified in this chapter is exempt from the location and
zoning requirements set forth in subsections (B), (C), and (D) of this section and may
continue operating under the following conditions:

1. A tobacco retailer's permit application is filed within 60 calendar days of the effective
date of the ordinance codified in this chapter.

2. The tobacco retailer's permit is timely issued and renewed in accordance with

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City of Newport Beach, CA § 5.55.015 BUSINESS LICENSES AND REGULATIONS § 5.55.025

§ 5.55.025.

3. After obtaining a permit, the tobacco retailer business does not cease operations for
more than 60 consecutive calendar days.

4. After obtaining a permit, the tobacco retailer business complies with § 20.38.050.

F. Legal Non-Conforming. Except as otherwise provided in this chapter, a tobacco retailer's
permit issued under subsection (E) of this section shall be treated as a legal nonconforming
use pursuant to § 20.38.050 and subject to its provisions and limitations.

G. Permit is Conditional. A tobacco retailer's permit confers a limited, revocable privilege to operate at the specified location and does not create a vested right or supersede any other applicable law. (Ord. 2026-6, 6/9/2026)

A. Application Procedure.

1. Applications shall be submitted on forms provided by the City and include a non-
refundable fee as set by City Council resolution.

2. Each application shall include, at minimum, the following:

a. Full legal name, date of birth, government-issued identification number, mailing
address, phone number, and email for each proprietor;

b. Business name, address, phone number, and hours of operation;

c. Disclosure of any prior permit suspensions or revocations under this chapter,
including dates and reasons;

d. Proof of a valid state tobacco retailer license from the California Department of
Tax and Fee Administration;

e. Any other information deemed necessary by the Chief of Police for
administration or enforcement purposes; and

f. A signed certification by each proprietor under penalty of perjury affirming the
accuracy of the information provided and compliance with this chapter.

B. Change of Information. The applicant/permittee shall notify the Chief of Police in writing
of any change to the information submitted in the application within 10 calendar days.

C. Non-Transferability. A tobacco retailer's permit is non-transferable and may not be
assigned to any other person, proprietor, or location. Any attempted transfer is void. A new
application is required for any change in ownership or location.
(Ord. 2026-6, 6/9/2026)

A. Tobacco Retailer's Permit Review and Issuance. The Chief of Police shall review each completed application and may conduct any investigation necessary to determine

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City of Newport Beach, CA § 5.55.025 NEWPORT BEACH CODE § 5.55.030

compliance with this chapter and applicable laws. A permit may be denied or not renewed
upon a determination that any of the following conditions exist:

1. The application is materially incomplete or contains inaccurate, false, fraudulent, or
misleading information.

2. Except as provided in § 5.55.015, the applicant/proprietor seeks authorization for
tobacco retailing that is prohibited, unlawful or violates this chapter or other
applicable local, state, or federal law or regulation.

3. The applicant/proprietor has unresolved outstanding fines, penalties, fees, or taxes
owed to the City in connection with tobacco retailing activities.

4. The applicant/proprietor has had a City tobacco retailer's permit or California tobacco
retailer's license revoked in the preceding five years.

5. Except as provided in this subsection, the business location has had a City tobacco
retailer's permit or California tobacco retailer's license revoked within the preceding
five years.

a. The City Manager may waive or modify the restriction upon a determination
that the purposes of this chapter would not be undermined, including, but not
limited to, where there has been a bona fide change in ownership and adequate
safeguards are in place to prevent future violations.

b. The applicant bears the burden of demonstrating that any transfer of ownership
is bona fide and at arm's length. The City may require disclosure of prior
ownership interests, management control, financial arrangements, and any other
information necessary to determine whether a genuine change in control has
occurred. A transfer shall not be deemed bona fide where the prior owner retains
any direct or indirect ownership interest, financial interest, management role, or
control over the business or its operations.

6. Issuance or renewal of the permit would be contrary to the public health, safety, or
welfare, based on specific, articulable facts demonstrating a reasonable nexus to
increased risk of unlawful tobacco sales, youth access, or prior violations.
Any approved permit may be subject to reasonable conditions that are related to ensuring
compliance with this chapter and protecting public health, safety, and welfare.

B. Tobacco Retailer's Permit Term and Renewal.

1. A permit is valid for one year from the date of issuance and shall be renewed annually
to continue operation as a tobacco retailer business.

2. To maintain continuity, renewal applications should be submitted at least 30 days
before expiration.
Unless the City Manager determines there is good cause to grant an extension, a permit
that is not timely renewed shall expire automatically at midnight on the expiration date.
Upon expiration, all tobacco retailing shall immediately cease, and a new application shall
be required.
(Ord. 2026-6, 6/9/2026)

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City of Newport Beach, CA § 5.55.030 BUSINESS LICENSES AND REGULATIONS § 5.55.030

A. Compliance with Laws. Except as provided in § 5.15.015(E), a tobacco retailer business
shall comply with all applicable local, state, and federal laws, including those relating to
zoning, building, fire, public health, safety, and tobacco control.

B. Fixed Location Required. Tobacco retailing shall occur only from a fixed, permanent
location. Retailing from vehicles, temporary structures, or mobile operations is prohibited.

C. Prohibited Products and Activities. The following items shall not be sold, distributed,
displayed, furnished, administered, exchanged, given away, or possessed with the intent to
sell or offered for sale by any tobacco retailer's business:

1. Nitrous oxide or any device used to dispense it as defined by local, state or federal
law;

2. Cannabis, cannabis products, or edible cannabis products as defined in Chapter 10.70;

3. Flavored tobacco products and tobacco product flavor enhancers, as prohibited under
local, state or federal law, including Chapter 6.30;

4. Imitation tobacco products, including, but not limited to, candy cigarettes and bubble
gum cigars;

5. Disguised vape or electronic smoking devices, including, but not limited to, those
made to look like USB drives, pens, markers, phone cases, watches, lipstick, remote
keys or other non-tobacco items; and/or

6. Any product, device, or item that is designed, marketed, or intended to evade or
circumvent the prohibitions set forth in this chapter.

D. Minimum Age of Employees. No person under the minimum legal age determined by the
stricter of state or federal law for purchasing or possessing tobacco products may engage in
or assist with tobacco retailing.

E. Government Identification. No tobacco product or tobacco paraphernalia shall be sold
unless the tobacco retailer business first verifies, by examining valid government-issued
photo identification, that the purchaser meets the minimum legal age, under the stricter of
state or federal law, for purchasing or possessing tobacco products.

F. Storage. All tobacco products shall be stored in a manner that prevents direct customer
access without employee assistance.

G. Packaging, Labeling, and Pricing.

1. Tobacco products shall be sold in the original manufacturer's packaging, compliant
with all federal and state labeling, tax, and child-resistant packaging laws.

2. Prices shall be clearly displayed on the product or nearby shelf or signage.

   H. Display of Licenses and Permits. The tobacco retailer's permit and all required state or
   federal licenses shall be prominently displayed within five feet of the point of sale.

   I. Premises Regulations.

   1. A tobacco retailer business shall maintain a clearly designated front entrance for
   customers. All non-emergency public access shall occur through this entrance.

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City of Newport Beach, CA § 5.55.030 NEWPORT BEACH CODE § 5.55.040

2. Front entrance doors of a tobacco retailer business shall remain unlocked during
regular business hours.

J. Signage Compliance. A tobacco retailer business shall comply with all signage
requirements in Title 20 and all applicable state and federal laws related to tobacco
warnings, age restrictions, and advertising. No more than 20% of the total transparent area
of a tobacco retailer business storefront windows and doors may be covered by signage.
All signage shall be placed to maintain a clear and unobstructed view of the interior of the
premises including, but not limited to, the point-of-sale area, from the exterior.
(Ord. 2026-6, 6/9/2026)

The City may enter any permitted tobacco retailer during regular business hours, or at any other reasonable time, to conduct reasonable inspections to ensure compliance with this chapter and applicable laws. Inspections shall be limited to areas open to the public or reasonably necessary to verify compliance and may be routine, unannounced, or complaint based. Refusal to permit entry, or any act that delays or interferes with an inspection, constitutes a violation of this chapter. (Ord. 2026-6, 6/9/2026)

A. Grounds for Enforcement. In addition to any other remedies provided by law, the Chief of Police or City Manager may suspend or revoke a tobacco retailer's permit upon a finding, by a preponderance of the evidence, that one or more of the following has occurred:

1. The permittee or proprietor submitted a tobacco retailer permit application that
contained inaccurate, false, fraudulent, or misleading information;

2. The permittee, proprietor, or any employee has violated any provision of this chapter
or any condition of the permit;

3. The permittee, proprietor, or any employee has violated any local, state, or federal
law governing tobacco products or tobacco retailing; or

4. The permittee, proprietor, or any employee has been convicted of, or has pled guilty
or no contest to, a violation of local, state, or federal law constituting a felony, and
the violation is directly and substantially related to the operation of the tobacco
retailer business.
Any decision to suspend or revoke a tobacco retailer's permit may be appealed pursuant to
§ 5.55.045.

B. Conditions During Suspension or Revocation. During a suspension or revocation period:

1. All tobacco products and related items shall be removed from customer view and
stored in a secure, non-public area; and

2. A City-issued notice shall be posted at all public entrances and points of sale, stating
the reason and duration of the enforcement action.

C. Seizure. Tobacco products and tobacco paraphernalia offered for sale are subject to
immediate seizure by the Chief of Police if there is probable cause to believe that a

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City of Newport Beach, CA § 5.55.040 BUSINESS LICENSES AND REGULATIONS § 5.55.050

violation of this chapter or any permit condition has occurred. The permittee and any other

owner of the seized items shall be provided written notice of the seizure and informed of the right to appeal in accordance with § 5.55.045. Seized items shall be forfeited unless the permittee or owner of the seized items successfully demonstrates, through the appeal process, that the items were not offered for sale in violation of this chapter.

Forfeited tobacco products and tobacco paraphernalia shall be destroyed after all administrative appeals have been exhausted and the time to seek judicial review pursuant to Chapter 1.10 or other applicable law has expired without the filing of a lawsuit or, if such a lawsuit is filed, after final judgment is entered.

D. Attribution of Employee Conduct. For purposes of this section, violations by employees shall be attributed to the permittee. (Ord. 2026-6, 6/9/2026)

A. Notice of Action. Fifteen calendar days prior to the effective date of a denial, suspension, or revocation of a tobacco retailer's permit, or 15 calendar days following the seizure of items under this chapter, the Chief of Police shall provide written notice to the applicant or permittee. The notice shall include:

1. The specific grounds for the action;

2. A summary of the supporting facts and applicable code provisions; and

3. Instructions for requesting an administrative review pursuant to this section.

B. Appeal.

1. The applicant or permittee may request an administrative review by the City Manager
within 15 calendar days of service of the notice, in accordance with § 1.08.080, by
filing an appeal with the City Clerk.

2. The City Manager may affirm, modify, or reverse the decision, or impose conditions
or alternative remedies, based on the record and any additional information deemed
relevant to the purposes of this chapter.

3. Decisions under this section shall be upheld if supported by substantial evidence in
the record.

4. The City Manager may consider the totality of the circumstances and the purposes of
this chapter in making determinations.

5. The City Manager may consider any relevant evidence, whether or not it would be
admissible in a court of law.

6. The decision of the City Manager shall be final as to the City but subject to judicial
review pursuant to California Code of Civil Procedure § 1094.5.

C. Failure to Participate. Failure of the appellant to appear at the appeal hearing shall be
deemed a withdrawal of the appeal and a waiver of the right to exhaust administrative
remedies.
(Ord. 2026-6, 6/9/2026)

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City of Newport Beach, CA § 5.55.050 NEWPORT BEACH CODE § 5.55.050

A. Suspension or Revocation of Tobacco Retailer's Permit. A violation of, or failure to comply with, any provision of this chapter may result in one or more of the following administrative actions, as determined by the Chief of Police or City Manager based on the severity and circumstances of the violation:

1. For the first violation within a five year period, the tobacco retailer's permit may be
suspended for up to 180 calendar days.

2. For the second violation within a five year period, the tobacco retailer's permit shall
be revoked.

B. Aggregation of Violations. For purposes of enforcement, violations occurring at multiple
locations that have a common permittee, or proprietor may be aggregated and treated as
violations of a single permittee where there is common ownership or control and a
demonstrated pattern of noncompliance.

C. Remedies. The remedies provided in this chapter are in addition to any other remedies
available under local, state, or federal law. Nothing in this chapter limits the City's authority
to pursue any available legal remedy, including, but not limited to, nuisance abatement or,
permit suspension or revocation, or enforcement under Chapter 20.68.

D. City Manager Authority. The City Manager shall have authority to interpret, implement,
and enforce this chapter, including the authority to impose conditions, grant modifications,
and make determinations necessary to carry out its purposes. The City Manager shall
determine the extent to which any provision of this chapter is preempted by state or federal
law and may modify or suspend enforcement accordingly.
(Ord. 2026-6, 6/9/2026)

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City of Newport Beach, CA § 5.60.010 BUSINESS LICENSES AND REGULATIONS § 5.60.020