Redding Municipal Code Ch. 6.13 Tobacco Retailing

It is the intent of the City, in enacting this chapter, to ensure compliance with the business standards and practices of the City, to encourage responsible tobacco retailing, and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco and nicotine products to youth. This chapter is not intended to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

(Ord. No. 2681, § 1, 8-19-2025)

"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of whom is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction.

"Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

"Cannabis product" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

"Cannabis Retailer" means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in a commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time.

"City" means the City of Redding.

"City manager" means the manager of the City as appointed by the city council in accordance with the City's Municipal Code, or the city manager's designee.

"Department" means any City division or department charged with enforcement or administration of the provisions of this chapter.

"Director" means Chief of Police or the director of the Department of Development Services, the director's designee, or such other director as may be designated by the city manager to administer the provisions of this chapter.

"Flavored tobacco product" means any tobacco product that imparts one or more of the following:

(A) A taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or

(B) A heating, cooling, or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.

"Lapse" means the cessation or expiration of a tobacco retail license due to the failure to renew it within the required time frame or the loss of eligibility for the tobacco retail license. A tobacco retail license is considered lapsed if the licensee does not complete the necessary steps to renew or maintain the tobacco retail license, resulting in the license no longer being valid or active. This does not include situations in which the license is temporarily suspended.

"License" means a tobacco retail license issued by the City pursuant to this chapter.

"Licensee" means any proprietor holding a tobacco retail license issued by the City pursuant to this chapter.

"Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

"Owner" means any of the following:

(A) A person with sole or aggregate ownership in the tobacco retail business applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance;

(B) The chief executive officer of a nonprofit, tobacco retailer business, or other entity;

(C) A member of the board of directors of a nonprofit, tobacco retailer business, or other entity;

(D) The trustee(s) and all persons who have control of the trust and/or the tobacco retailer business that is held in trust;

(E) An individual who participates in the direction, control, or management of the person applying for a license. Such an individual includes, but is not limited to, any of the following:

a. A general partner of a tobacco retailer business that is organized as a partnership;

b. Anonymous member manager or managing member of a tobacco retail business that is organized as a limited liability company;

c. An officer or director of a tobacco retailer that is organized as a corporation;

d. Any individual who assumes responsibility for the license.

"Permanent revocation" means permanent invalidation of a tobacco retailer license, which results in the license holder being prohibited from operating as a tobacco retailer at the licensed location. This action is final and not subject to reinstatement unless specifically authorized after a successful appeal. Once a tobacco retail license is permanently revoked, the licensee is no longer eligible to operate under that license at the location, and no further renewal or reissuance of the license will be allowed unless new application requirements are met.

"Person" means any individual, firm, partnership, joint venture, limited liability company, nonprofit organization, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, state, county, city, municipality, district, or other political subdivision of the state, or any other group or combination acting as a unit.

"Proprietor" means a person with an ownership or managerial interest in a business. A managerial interest shall be deemed to exist when a person has or does have or shares ultimate control over the day-to-day operations of a business.

"Retailer" means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state.

"Sale" or "sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

"School" means a private or public kindergarten, elementary, middle, junior high or high school.

"Self-service display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the tobacco retailer or the tobacco retailer's agent or employee and without a direct person-to-person transfer between a member of the public and the tobacco retailer or tobacco retailer's agent or employee. A vending machine is a form of self-service display.

"Temporary suspension" means temporary cessation of a tobacco retailer license during which the retailer is prohibited from operating their business for a specified period of time. This suspension is typically imposed as a penalty for noncompliance with applicable laws or regulations and can be lifted once the licensee has met all requirements for reinstatement. A temporary suspension does not result in the permanent loss of the license, and the retailer may resume business once the suspension period ends or the license has been reinstated.

"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

"Tobacco product" means any of the following:

(A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

(B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(C) Any component, part, or accessory of a tobacco product, whether or not sold separately.

"Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose by this chapter.

"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products or tobacco paraphernalia. This definition shall be without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

"Tobacco retailing" means engaging in any of those activities of a tobacco retailer. This definition shall be without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(Ord. No. 2681, § 1, 8-19-2025)

It shall be unlawful for any person to engage in tobacco retailing unless under and by authority of a valid, unexpired, unsuspended, unrevoked tobacco retailer License issued pursuant to this chapter for each location at which tobacco retailing is to occur.

(Ord. No. 2681, § 1, 8-19-2025)

A. Operating regulations and conditions.

(1) The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued by the director.

(2) The provisions of this section shall also constitute operating regulations that are applicable to each holder of a tobacco retail license issued pursuant to this chapter.

(3) It shall be unlawful for any person or entity engaged in the retail sale of tobacco products, regardless of the nature of the business or whether they are licensed under this chapter, to violate any provision of this chapter.

B. Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued or not issued, it shall be a violation of this chapter for an owner, licensee, or any of the licensee's or owner's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco accessories, or tobacco retailing.

C. Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location at all times.

D. Minimum legal sales age.

(1) No person engaged in tobacco retailing shall sell a tobacco product to a person under twenty-one years of age.

(2) No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government issued photographic identification that the recipient is at least twenty-one years of age.

E. Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited.

F. Mobile vending. No license may issue to authorize tobacco retailing at other than a fixed licensed location. No tobacco retail license will be issued to a moveable place of business. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the City.

G. Business license. In addition to the tobacco retail license, any tobacco retailer must have a valid business license as required by Title 6.

H. Limits on eligibility for a tobacco retailer license.

(1) No tobacco retailer shall be located within six hundred feet of a school providing instruction in kindergarten or any grade levels one through twelve, as measured in a straight line between the boundary lines of the parcel of the school and the boundary lines of the parcel of the License applicant's proposed business location.

(2) Notwithstanding subsection H.1 of this section, a tobacco retailer operating lawfully on the date the section codified in this chapter is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:

A. A complete and accurate application is submitted to the City within sixty days of the date this section is adopted;

B. The license is timely obtained, maintained, and renewed without lapse or permanent revocation (as opposed to temporary suspension);

C. The tobacco retailer has not experienced a business closure of sixty or more consecutive days to include the thirty-day period immediately preceding the effective date of this chapter;

D. The tobacco retailer maintains the right to operate the business under all other applicable laws;

E. The tobacco retailer has not substantially changed the business premises or business operation within sixty days of the date the section codified in this chapter is adopted. A substantial change to the business operation includes, but is not limited to, the transferring of a location:

(1) To a new proprietor(s) in an arm's length transaction; or

(2) For which a significant purpose is avoiding the licensing requirements of this chapter.

F. If the City determines that a tobacco retailer has substantially changed their business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer bears the burden of proving to the department by a preponderance of evidence that such change(s) do not constitute a substantial change.

I. Compliance inspection. The director, the chief of police and any city official charged with enforcing the provisions of this Code shall have the power and authority to enter any business engaging in tobacco retailing during regular business hours to inspect the premises and to determine compliance with the provisions of this chapter.

(1) Should any inspection reveal noncompliance with any of the provisions of this chapter and should reinspection be needed to determine compliance, the cost of any such reinspection shall be billed to the owner of the premises, the operator of the business engaging in tobacco retailing, and/or the holder of the tobacco retailing license in the amount set forth in the schedule of fees established by resolution of the city council.

(2) Prior notice of an inspection, investigation, review, or audit is not required.

(3) It is unlawful and cause for immediate denial, suspension, or revocation of a license for any licensee, property owner, proprietor, landlord, lessee, tobacco retailer, and/or its owner, agent, or employee to refuse to allow, to impede, to obstruct, to delay, or to otherwise interfere with an inspection, investigation, review, or audit.

(4) When a requirement is established pursuant to this chapter for an inspection and/or copy of a record, the record shall be delivered immediately upon demand by City personnel.

J. Flavored tobacco products.

(1) It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

(2) Presumptive flavored tobacco product. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, and/or that imparts a heating, cooling, or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. This includes but is not limited to public statements that a product is flavored, such as describing the product as "chill," "ice," "fresh," "arctic," "sweet," "spicy," or "frost."

K. Other legal duties.

(1) Each tobacco retailer shall:

(a) Comply with all applicable laws and ordinances governing the sale of any tobacco products or tobacco paraphernalia;

(b) Comply with all conditions imposed by the director as part of the tobacco retail license; and

(c) Comply with all conditions imposed by any other permit or license required for a business engaging in tobacco retailing.

(2) Each tobacco retailer, and any other person(s) responsible for the operation of the business engaging in tobacco retailing, excluding the City, its agents, officers and employees, shall be jointly and severally liable for:

(a) Any violation of this chapter;

(b) Any violation of the terms of the tobacco retail license;

(c) Any violation of any other license or permit required for the business engaging in tobacco retailing; and

(d) Any violation of any other applicable law that arises out of the sale of tobacco products or tobacco paraphernalia.

L. Indemnification agreement required. Any tobacco retailer applying for a tobacco retail license under this chapter shall agree to fully indemnify, defend, and hold harmless the City, its officers, employees and agents for all claims, losses, or liabilities that arise out of the issuance or use of the tobacco retail license, or that arise out of any sale, distribution, transfer or use of tobacco products or tobacco paraphernalia, in a form approved by the city attorney's office.

M. Licensed cannabis businesses. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the state of California in accordance with the Business and Professions Code Division 10, and the City in accordance with Chapter 6.12 Redding Municipal Code. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to engage in commercial cannabis activity.

(Ord. No. 2681, § 1, 8-19-2025)

A. An application for a tobacco retailer's license shall be submitted in the name of each owner or proprietor proposing to conduct retail tobacco sales and shall be signed by each owner or proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the department.

B. A license issued contrary to this chapter, contrary to any other law, or issued on the basis of false or misleading information shall be revoked pursuant to this chapter. Nothing in this chapter shall be construed to vest in any person obtaining or maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. Applicant submissions shall contain the following information:

(1) The name, address, and telephone number of each owner and proprietor of the business seeking a license.

(2) The business name, address, and telephone number of the location for which a license is sought.

(3) The name and mailing address authorized by each owner and proprietor to receive all communications and notices required by, authorized by, or related to the enforcement of this chapter.

(4) Proof that the business and location for which a tobacco retailer's license is sought has been issued all necessary state and municipal licenses for the sale of tobacco products.

(5) Listing of all prior issuances, suspensions, and/or revocations of tobacco retail licenses for each named proprietor or owner of the business, or their agent, and the dates and locations of each action pursuant to this chapter.

(6) Listing of dates and locations for all prior violations of local, state, or federal law governing the sale of tobacco products or California Health and Safety Code section 11351, as amended from time to time, by each named proprietor or owner or their agent occurring within the previous five years.

(7) A statement by the applicant that the contents of the application are complete, true, and correct. Any person who signs a statement pursuant to this subdivision that asserts the truth of any material matter that he or she knows to be false is guilty of a misdemeanor punishable by imprisonment of up to one year in the county jail, or a fine of not more than one thousand dollars, or both the imprisonment and the fine.

(8) A statement by the applicant that they are the owner, proprietor, or authorized agent of the tobacco retail business for which the license is sought pursuant to this chapter.

(9) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this chapter.

(10) Such other information as the department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

D. A licensed tobacco retailer or applicant shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten business days of a change.

(Ord. No. 2681, § 1, 8-19-2025)

Upon the receipt of a complete and adequate application for a tobacco retailer's license and the license fee required by this chapter, the department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. The application shall be denied if one or more of the following circumstances exist:

A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.

B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses.

C. The application seeks authorization for tobacco retailing for an owner or proprietor or their agent to whom this chapter prohibits a license to be issued.

D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter; that is unlawful pursuant to this Code, including without limitation, the zoning ordinance, building code, or business license tax ordinance; or that is unlawful pursuant to any other law.

E. The retailer, or if the retailer is not an individual, any person controlling the retailer or retail business, has previously been issued a license that is suspended or revoked by the department for violation of any of the provisions of this chapter.

F. The application is for a license or renewal of a license for a retail location that is the same retail location as that of a retailer whose license was revoked or is subject to revocation proceedings for violation of any of the provisions of this division, unless:

(1) It has been more than five years since a previous license for the retail location was revoked.

(2) The person applying for the license provides the department with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction.

G. The retailer, or if the retailer is not an individual, any person controlling the retailer or retail business, has been convicted of a felony pursuant to Section 30473 or 30480 of the Revenue and Taxation Code.

(Ord. No. 2681, § 1, 8-19-2025)

A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full, the application is incomplete, or the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for renewal of their tobacco retailer's license and submit the license renewal fee no later than thirty days prior to expiration of the current license but no earlier than sixty days prior to the expiration of the current license. A licensee who submits an incomplete application may resubmit the application for renewal as long as the current license does not lapse. A tobacco retailer that fails to timely submit a renewal application and fee is ineligible for license renewal; however, a timely and complete application for renewal shall toll the existing license until the renewal application is approved or denied by the City. A license that has been revoked, or is subject to revocation proceedings, shall not be renewed.

(Ord. No. 2681, § 1, 8-19-2025)

A. A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s) or owners or a change in location.

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless the location has been transferred to new proprietor(s) or owner(s) in an arm's length transaction.

(Ord. No. 2681, § 1, 8-19-2025)

Nothing in this chapter shall be construed to grant any person obtaining or maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the license.

(Ord. No. 2681, § 1, 8-19-2025)

The fee to issue or to renew a tobacco retailer's license shall be established by resolution of the city council, which may be amended as needed at the city council's discretion. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter including, but not limited to, issuances of licenses, administration of the license program, retailer education, inspection and compliance checks of tobacco retailing businesses, documentation of violations, representation of the City at Board hearings, prosecution of violators, and other enforcement measures but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

(Ord. No. 2681, § 1, 8-19-2025)

A. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds based upon a preponderance of the evidence that the licensee, or any of the licensee's agents, employees, or tobacco retailer locations, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest," or its equivalent, or admitted to a violation of any law applicable to the licensee in violation of this chapter. Action taken by the director with respect to the suspension, modification, or revocation of a tobacco retail license shall be final and conclusive. Any licensee aggrieved by the suspension, modification or revocation of a tobacco retail license may obtain review of such decision by appeal to the city manager or the city manager's designee.

(1) Upon a finding by the department of a first violation of this chapter at a location within any five-year period, the license shall be suspended for fourteen days.

(2) Upon a finding by the department of a second violation of this chapter at a location within any five-year period, the license shall be suspended for thirty days.

(3) Upon a finding by the department of a third violation of this chapter at a location within any five-year period, the license shall be revoked.

(4) Owners of tobacco retail businesses at more than one location are subject to increased penalties upon second and subsequent violations of this chapter regardless of the business location where the earlier violation occurred.

(5) The director or his designee shall have discretion to deviate from these guidelines and impose a harsher or more lenient penalty depending on the type and severity of violation, history of compliance or noncompliance by the licensee or location, and other relevant factors.

(6) Penalties shall increase with each subsequent violation without regard to type of violation.

B. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that information contained in the license application, including supplemental information, if any, is false in any material respect.

C. A tobacco retailer's license shall be revoked if the department finds, after providing the licensee with notice and an opportunity to be heard, that one or more of the grounds for denial of a license pursuant to this chapter existed at the time the application was made or at any point before the license was issued.

D. A licensee for whom a license suspension is in effect must remove all tobacco products and tobacco paraphernalia from the sales floor at the address that appears on the suspended or revoked license. Violation of this subsection or engaging in tobacco retailing while the license suspension is in effect shall result in a permanent revocation of the tobacco retail license.

E. The suspension or revocation shall become effective immediately following notice of suspension or revocation from the department, unless the holder of the license files an appeal in accordance with this chapter. If such an appeal is filed, the suspension or revocation shall not become final until the appeal is resolved by a final decision of the city manager or their designee, or withdrawal of the appeal.

(Ord. No. 2681, § 1, 8-19-2025)

A. A decision of the department to suspend or revoke a license is appealable to the city manager or their designee, and any appeal must be filed in writing with the city manager within ten days of mailing of the department's decision.

B. If such an appeal is timely made, it shall stay enforcement of the appealed action.

C. The decision by the city manager or their designee shall be the final decision of the City.

(Ord. No. 2681, § 1, 8-19-2025)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity, including, without limitation those remedies established in Title 1.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this chapter are subject to a civil action brought by the City, punishable by an administrative penalty not less than one thousand dollars per violation.

D. Subsequent violations of this chapter are subject to increased administrative penalty amounts.

E. Violations of this chapter may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

F. In addition to any other remedy or abatement authority allowed by law, the director may take reasonable measures to enforce the suspension or revocation of a license. Such measures may include, but are not limited to, posting notices on the property which state tobacco products are not to be sold or purchased until the conclusion of the suspension, or requiring all tobacco products to be removed from the property during the suspension or revocation period. Removal of notices posted pursuant to this section shall, constitute a misdemeanor violation of this chapter.

G. Violations of this chapter are hereby declared to be public nuisances and subject to abatement by the City.

H. For the purposes of the civil remedies provided in this chapter:

(1) Each day on which tobacco products or tobacco accessories are offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and

(2) Each individual retail tobacco product and each individual retail item of tobacco accessories that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter.

I. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

(Ord. No. 2681, § 1, 8-19-2025)