Sacramento Municipal Code Art. II Distribution of Tobacco Products to Minors

The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.

Howard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use, and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in out county.

Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day. Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as 11 years of age have experienced little or no difficulty in purchasing tobacco products.

Existing state law prohibits knowing distribution of tobacco products to persons under the age of 21 years. The state law scheme does not cover all conduct involving distribution of tobacco to minors because a distributor can avoid prosecution for knowingly distributing to a minor by failing to obtain information about the recipient's age. A local ordinance which makes unknowing distribution illegal will supplement existing state law, will not be inconsistent with existing state law, and will help achieve the important purpose of reducing the likelihood of minors obtaining tobacco products in the city. (Ord. 2026-0015 § 1; prior code § 24.02.009)

For the purposes of Sections 9.12.090 through 9.12.120 of this chapter, the following terms shall be defined as set forth herein:

"Distribute" means to sell, give away, or in any way furnish as part of a commercial transaction, including by means of direct retail sale, vending machine sale or promotional free distribution.

"Person" means an individual, partnership, corporation, unincorporated association, joint venture, or other entity.

"Tobacco products" has the same meaning as in section 5.138.030.

"Tobacco vending machine" means any electronic or mechanical device the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco product.

"Tobacco vending machine owner" means any person who has an ownership or leasehold interest in a tobacco vending machine and who installs or places, or causes to be installed or placed, such tobacco vending machine on any premises for the purpose of distributing a tobacco product therefrom. (Ord. 2026-0015 § 2; prior code § 24.02.010)

Any person who, without knowledge of the tobacco product recipient's age, distributes a tobacco product to any person under the age of 21 years, is guilty of a misdemeanor. (Ord. 2026-0015 § 3; prior code § 24.02.011)

For the purpose of preventing the violation of section 9.12.090 of this chapter, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that they are 21 years of age or older. (Ord. 2026-0015 § 4; prior code § 24.02.012)

Proof that the defendant, or his or her employee or agent, demanded, was shown or acted in reliance upon bona fide evidence of majority and identity in any transaction prohibited by Section 9.12.090(A) or (B) of this chapter shall be a defense to any criminal prosecution therefor or to any civil proceedings based thereon. Bona fide evidence of majority and identity of the person shall be a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, which contains the name, date of birth, description, and picture of the person, including, without limitation, a motor vehicle operator's license or an identification card issued to a member of the armed forces. (Prior code § 24.02.013)

Every person who distributes tobacco products within the city shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign in letters at least one inch high which states as follows:

It is unlawful to distribute tobacco products to any person under the age of 21 years.

It is unlawful for any person under the age of 21 years to purchase or receive tobacco products.

California Penal Code Section 308; Sacramento City Code Section 9.12.090. (Ord. 2026-0015 § 5; prior code § 24.02.014)