San Bruno Municipal Code Ch. 6.52 Tobacco Retailer Permit

Note: Former Ch. 6.52, Tobacco Retailer Permit, derived from Ord. 1761 and Ord. 1897, was repealed by Ord. 1960, 4/8/2025.

The city adopts by reference Chapter 4.98 of the San Mateo County Code of Ordinances, titled "Tobacco Retailer Permit" in its entirety, as such chapter now exists and as such chapter may be amended in the future by the San Mateo County board of supervisors, for the purpose of regulating tobacco retailers.

(Ord. 1960, 4/8/2025)

The director is hereby authorized to administer and enforce this chapter on behalf of the city, within the jurisdiction of this city. For the purposes of this chapter, "director" means the chief of San Mateo County department of health, or designee.

(Ord. 1960, 4/8/2025)

A. Grounds for Suspension or Revocation.

1. A tobacco retailer permit may be suspended or revoked, as set forth below in subsection B, if any court of a competent jurisdiction determines, or the director finds, based on a preponderance of the evidence after notice and opportunity for the tobacco retailer to be heard, that either of the following violations have occurred:

a. After the permit was issued it is determined that the application for the permit is incomplete or inaccurate.

b. The tobacco retailer or tobacco retailer's agent has violated any of the requirements, conditions, or prohibitions of this chapter or any applicable local, state, or federal tobacco-related law.

2. Notwithstanding the foregoing, a tobacco retailer permit shall be suspended or revoked, for the maximum time periods and as set forth in subsection B, if any court of competent jurisdiction determines, or the director finds, based on a preponderance of evidence and after notice and opportunity for the tobacco retailer to be heard, that the tobacco retailer, or any agent or employee of the tobacco retailer, has sold tobacco products to any person(s) under the age of twenty-one years.

B. Time Period of Suspension of Permit.

1. Upon the first violation within any sixty-month period, the permit to sell tobacco products may be suspended for up to thirty days.

2. Upon the second violation within any sixty-month period, the permit to sell tobacco products may be suspended for up to ninety days.

3. Upon the third violation within any sixty-month period, the permit to sell tobacco products may be suspended for up to one year.

4. Upon the fourth violation within any sixty-month period, the permit to sell tobacco products shall be revoked. If a permit is revoked, the retailer shall not be eligible for a new permit for a period of five years after the effective date of revocation.

(Ord. 1960, 4/8/2025)

A. Grounds for Fine. A fine shall be imposed on a tobacco retailer upon findings made by the director, based on a preponderance of the evidence, that any tobacco retailer, or any agent or employee of the tobacco retailer, has violated any of the requirements, conditions, or prohibitions of this chapter. A fine shall be imposed in the maximum amounts set forth in subsection B of this section upon findings made by the director that the tobacco retailer, or any agent or employee of the tobacco retailer, has sold any tobacco product to any person(s) under the age of twenty-one years. Any administrative fine shall be imposed solely against the tobacco retailer, not the tobacco retailer's employees or agents.

B. Amount of Fine. Upon written findings made by the director under subsection A, the person or entity holding the tobacco retailer permit shall be subject to an administrative fine for each such violation as follows:

1. A fine not exceeding five hundred dollars for a first violation within a sixty-month period; and

2. A fine not exceeding one thousand dollars for each subsequent violation within a sixty-month period.

C. Each day that tobacco products are sold or offered for sale without a permit or otherwise in violation of this chapter shall constitute a separate violation. A finding of "offered for sale" in violation of this chapter will be made if tobacco products are either actually sold and/or displayed in the retail establishment, or if advertisements offering to sell tobacco products are visible to customers.

(Ord. 1960, 4/8/2025)