San Diego Municipal Code Div. 45 Permits for Sale of Tobacco Products, Electronic Cigarettes

Electronic Cigarette Paraphernalia, and Vaping Juice (“Permits for Tobacco Products Sales” added 11-15-2007 by O–19674 N.S.) (Retitled to “Permits for Sale of Tobacco Products, Electronic Cigarettes, Electronic Cigarette Paraphernalia, and Vaping Juice” on 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

It is the purpose and intent of this Division to provide for local regulation of retail businesses that sell tobacco products, tobacco paraphernalia, electronic cigarettes, electronic cigarette paraphernalia, and vaping juice by requiring police permits. The intent is to discourage violations of law prohibiting the sale or distribution of tobacco products and electronic cigarettes to persons under 21 years of age to protect their health, welfare, and safety. Further, because of the increasing popularity of electronic cigarettes and the unknown health risks associated with their use, it is the purpose of this Division to regulate the sale of vaping juice, which is often packaged and marketed to attract youth. It is also the intent that all costs associated with the administration and enforcement of this Division be borne by tobacco retailer and electronic cigarette retailer applicants and permittees. It is further the intent that fees and charges recovered hereunder shall be used to pay the costs of administering and enforcing this Division. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Electronic cigarette has the same meaning as in San Diego Municipal Code section 43.1001.

Electronic cigarette paraphernalia includes any refill, cartridge, component, accessory, appurtenance, attachment, accoutrement, fitting, apparatus, hardware, material, or equipment designed, packaged, marketed, or displayed for the purpose of use with an electronic cigarette. Electronic cigarette paraphernalia does not include any charging device intended for the battery component of an electronic cigarette.

Electronic cigarette retailer means any person who owns or operates, in whole or in part, a business for profit or not for profit who engages in electronic cigarette retailing.

Electronic cigarette retailing means selling, offering for sale, or offering to exchange for any form of consideration, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.

Flavored tobacco products has the same meaning as in San Diego Municipal Code section 42.1602.

License has the same meaning as in San Diego Municipal Code section 33.0201.

Person has the same meaning as in San Diego Municipal Code section 11.0210.

Police permit has the same meaning as in San Diego Municipal Code section 33.0201.

Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed, packaged, marketed, or displayed for the purpose of smoking or ingestion of tobacco products, excluding lighters.

Tobacco products means any substance derived from tobacco or nicotine, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

Tobacco retailer means any person who owns or operates, in whole or in part, a business for profit or not for profit who engages in tobacco retailing.

Tobacco retailing means selling, offering for sale, or offering to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia.

Vaping juice means any liquid or flavoring, which may or may not contain nicotine, designed, packaged, marketed, or displayed for the purpose of use with an electronic cigarette.

(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) It is unlawful for any person to operate as a tobacco retailer or as an electronic cigarette retailer without a police permit.

(b) It is unlawful for any person to engage in tobacco retailing or electronic
cigarette retailing unless the owner or operator has been issued a police
permit to operate as a tobacco retailer or electronic cigarette retailer at that
location.

(c) A tobacco retailer or electronic cigarette retailer shall obtain a separate
police permit for each fixed location from which he or she engages in tobacco
retailing or electronic cigarette retailing.

(d) No police permit shall be issued for any person operating as a tobacco retailer
or electronic cigarette retailer at any location other than a fixed location.

(e) This section does not apply to sales or exchanges not made to the public.
(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)
(Retitled from “Police Permit Required for Tobacco Retailer” to “Police Permit
Required for Tobacco Retailer and Electronic Cigarette Retailer” and amended
10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

The Chief of Police shall administer and enforce this Division. The Chief of Police shall be responsible for accepting applications for a police permit to operate as a tobacco retailer or electronic cigarette retailer, and for issuing the permit. The Chief of Police shall be responsible for determining the fitness of applicants for a police permit to operate as a tobacco retailer or electronic cigarette retailer, investigating any violations of this Division, and for taking administrative action against any police permit issued under this Division.

(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

(a) Each applicant for a police permit to operate as a tobacco retailer or electronic cigarette retailer shall furnish the following information to the Chief of Police:

(1) The full true name and any other names ever used by the applicant.

(2) The current residential address and telephone number of the applicant.

(3) The address of the proposed tobacco retailer or electronic cigarette
retailer business location.

(4) Each residential address of the applicant for the five years immediately
preceding the date of the application, and the inclusive dates of each
address.

(5) All fictitious business names ever used by applicant and the respective
addresses of those businesses.

(6) Written proof that the applicant is at least eighteen years of age.

(7) A valid social security number.

(8) Applicant's height, weight, and color of eyes and hair.

(9) Government-issued photo identification such as a California Driver
License, Identification Card, or United States Passport.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

(10) Applicant's business, occupation, and employment history for the five
years immediately preceding the date of application, including
addresses and dates of employment.

(11) Whether the applicant has ever had any license or permit issued by any
agency or board, or any city, county, state or federal agency suspended
or revoked, or has had any professional or vocational license or permit
suspended or revoked within five years immediately preceding the
application, and the reason for the suspension or revocation.

(12) All criminal convictions, including those dismissed pursuant to Penal
Code section 1203.4, except traffic infractions, and a statement of the
dates and places of such convictions.

(13) The name and address of the current owner and lessor of the real
property upon which the proposed tobacco retailing or electronic
cigarette retailing business is to be conducted, and a copy of the lease
or rental agreement.

(14) Copies of all business tax certificates.

(15) For tobacco retailers, information regarding licenses required under the “Cigarette and Tobacco Products Licensing Act of 2003,” found in Business and Professions Code sections 22970, et seq., including, but not limited to, copies of applications for licenses, licenses issued, and any documentation regarding the reasons for the denial of such license.

(16) Such other identification and information, including fingerprints, as
may be required in order to discover the truth of the matters herein
specified as required to be set forth in the application.

(b) In addition to the information required by San Diego Municipal Code
section 33.4505(a), an applicant for a tobacco retailing permit or electronic
cigarette retailing permit shall furnish the following information to the Chief
of Police:

(1) If the applicant is a corporation, the name of the corporation exactly as
shown in its Articles of Incorporation or Charter, together with the
state and date of incorporation, and names and residential addresses of
each of its current officers and directors, and of each stockholder
holding more than 25 percent of the stock of the corporation;

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

(2) If the applicant is a partnership, the name and residential address of
each of the partners, including limited partners;

(3) If the applicant is a limited partnership, a copy of the limited
partnership's certificate of limited partnership as filed with the County
Clerk;

(4) If one or more of the limited partners is a corporation, the applicant
shall provide the information about that partner required by Municipal
Code section 33.4505(b)(1);

(5) If the applicant is a corporation or partnership, the name of the
responsible managing officer.

(c) An applicant for a police permit to operate as a tobacco retailer or electronic cigarette retailer shall submit a signed declaration certifying that the applicant has not been convicted of or faced administrative action based on violations of the offenses listed in San Diego Municipal Code section 33.4510. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Tobacco Retailer Permit Application Contents” to “Tobacco Retailer or Electronic Cigarette Retailer Permit Application Contents” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

Each corporate officer or partner of a tobacco retailing or electronic cigarette retailing business is deemed an applicant and each shall provide the information required in San Diego Municipal Code section 33.4505. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

An applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

Tobacco Retailer or Electronic Cigarette Retailer Permit

In addition to the requirements of San Diego Municipal Code section 33.4505, any person desiring a police permit to operate as a tobacco retailer or electronic cigarette retailer shall furnish to the Chief of Police copies of all state licenses, permits, and certifications related to the sale of tobacco products and alcoholic beverages at the fixed location of the proposed tobacco retailing or electronic cigarette retailing business. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Proof of State Licenses, Permits, and Certifications Required Before Issuance of Tobacco Retailer Permit” to “Proof of State Licenses, Permits, and Certifications Required Before Issuance of Tobacco Retailer or Electronic Cigarette Retailer Permit” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

Retailer Permit

(a) Upon completion of the investigation required in San Diego Municipal Code
section 33.0301 the Chief of Police shall have authority to grant or deny a
police permit, and to determine whether to take administrative action against a
police permit under this Division.

(b) An investigation for a permit to operate as a tobacco retailer or electronic
cigarette retailer shall be conducted as prescribed in Chapter 3, Article 3,
Division 3 of the San Diego Municipal Code.
(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)
(Retitled from “Investigation Prior to Issuance of Tobacco Retailer Permit” to
“Investigation Prior to Issuance of Tobacco Retailer or Electronic Cigarette Retailer
Permit” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

In addition to the grounds for denial stated in San Diego Municipal Code section 33.0305(a) through (f), an application for a police permit to operate as a tobacco retailer shall be denied for any of the following reasons: The applicant has within five years immediately preceding the date of the filing of the application been convicted of, suffered any civil penalty, or faced administrative action against any type of license for violations of any tobacco control law, including, but not limited to, the following offenses: Penal Code section 308, Business and Professions Code sections 22950, et seq. (“Stop Tobacco Access to Kids Enforcement Act” or the “STAKE Act”), Business and Professions Code sections 22970, et seq. (“Cigarette and Tobacco Products Licensing Act of 2003”), or a conviction of violating a lesser- included or lesser-related offense including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, an original charge of any of the offenses listed in this section. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Grounds for Denial of Tobacco Retailer Permit” to “Grounds for Denial of Tobacco Retailer or Electronic Cigarette Retailer Permit” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

Permit

Any applicant denied a permit to operate as a tobacco retailer or electronic cigarette retailer shall be afforded an appeal as prescribed in Chapter 3, Article 3, Division 5 of the San Diego Municipal Code. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Right to Appeal Denial of Tobacco Retailer Permit” to “Right to Appeal Denial of Tobacco Retailer or Electronic Cigarette Retailer Permit” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

(a) All costs associated with administration and enforcement of this Division including, but not limited to, investigating permit applications, processing permit applications, inspecting, regulating, and enforcing this Division, and providing for appeals, shall be borne by applicants and permittees. The Mayor shall assess a fee for a police permit to operate as a tobacco retailer or electronic cigarette retailer according to the schedule set in the City Clerk’s Rate Book of City Fees and Charges.

(b) A permit issued under this Division shall be valid for a period of one year
from the date of issuance or from the date of renewal.
(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)
(Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)
(Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) Tobacco retailers and electronic cigarette retailers shall keep and post police permits, issued under this Division, in the manner prescribed in San Diego Municipal Code sections 33.0105(a) and (c). This subsection is regulatory only.

(b) Tobacco retailers shall not allow, at any location for which they have a police
permit to operate as a tobacco retailer, a violation of any tobacco control law
including, but not limited to, the offenses listed in Municipal Code section
33.4510. Tobacco retailers shall be responsible for the acts of others who
violate tobacco control laws at any location for which the tobacco retailer
possesses a police permit to operate as a tobacco retailer. This subsection is
regulatory only.

(c) A tobacco retailer shall display in a conspicuous and prominent location near
tobacco products, in a manner established by the Chief of Police, information
on how to report violations of tobacco control laws including, but not limited
to, reporting of sales of tobacco products to persons under 21 years of age.

(d) Clerks who transact sales of tobacco products, electronic cigarettes,
electronic cigarette paraphernalia, or vaping juice in tobacco retailer or
electronic cigarette retailer establishments shall be at least 18 years of age.
This subsection is regulatory only.

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

(e) Tobacco retailers and electronic cigarette retailers shall check the age of
purchasers of tobacco products, electronic cigarettes, electronic cigarette
paraphernalia, and vaping juice who reasonably appear to be under the age of
27. This subsection is regulatory only

(f) Clerks who transact sales of tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice in tobacco retailer or electronic cigarette retailer establishments to persons 18 years of age or older claiming the military exemption shall request an identification card issued by the U.S. Armed Forces as proof of active duty military service. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Tobacco Retailer Operating Requirements” to “Tobacco Retailer and Electronic Cigarette Retailer Operating Requirements” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) All penalties and regulatory action related to a police permit issued to operate as a tobacco retailer or electronic cigarette retailer shall be conducted as prescribed in San Diego Municipal Code sections 33.0401 to 33.0406.

(b) If a police permit issued under this Division is suspended or revoked, all
tobacco products, tobacco paraphernalia, electronic cigarettes, electronic
cigarette paraphernalia, and vaping juice shall be removed from public view
for the duration of the suspension or revocation.
(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)
(Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

A police permit issued under this Division may be revoked if a person operating as a tobacco retailer or electronic cigarette retailer is convicted of a violation of Health and Safety Code section 11364.7, or a lesser-included or lesser-related offense including, but not limited to, Penal Code section 415, in satisfaction of, or as a substitute for, an original charge of Health and Safety Code section 11364.7. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 2-26-2010 by O-19928 N.S.; effective 3-28-2010.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (1-2023)

A police permit issued under this Division is not transferable. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Tobacco Retailer Permit Not Transferable” to “Tobacco Retailer and Electronic Cigarette Retailer Permits Not Transferable” on 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)

For a new business, a police permit to operate as a tobacco retailer or electronic cigarette retailer must be obtained upon the issuance of a business tax certificate. For an existing business, a police permit to operate as a tobacco retailer or electronic cigarette retailer must be obtained upon renewal of the tax certificate. (Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Renumbered from former Section 33.4518 to Section 33.4517, retitled from “Operative Date, Requirement for Police Permit” to “Requirement for Police Permit,” and amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

The Chief of Police shall, on a yearly basis or as requested by the Public Safety and Livable Neighborhoods Committee, report to the Public Safety and Livable Neighborhoods Committee the following information:

(a) A summary of activity related to the administration and enforcement of this
Division, including:

(1) Number of violations,
(2) Number and amount of fines,
(3) Number and type of penalties,
(4) How the fine revenues are being used, and
(5) Detailing the program budget; and

(b) An accounting of all funds received and used for the administration and
enforcement of this Division; and

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses (1-2023)

(c) The estimated rate of illegal sales of tobacco products, electronic cigarettes,
electronic cigarette paraphernalia, and vaping juice to persons under 21
years of age within the City of San Diego.

(d) The estimated rate of illegal sales of flavored tobacco products within the
City of San Diego.
(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.)
(Amended 10-29-2013 by O-20316 N.S.; effective 11-28-2013.)
(Amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.)
(Renumbered from former Section 33.4519 to Section 33.4518 and amended 6-2-2022
by O-21455 N.S.; effective 1-1-2023.)

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San Diego Municipal Code Chapter 3: Business Regulations, Business Taxes, Permits and Licenses, (12-2024)

Article 3: Police Regulated Occupations and Businesses