San Joaquin County Municipal Code Ch. 8 Tobacco Retail License

Footnotes:

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Editor's note— Ord. No. 4679, § 2, adopted August 12, 2025, set out provisions intended for use as §§ 7-1200—7-1215. Inasmuch as there were already provisions so designated, said section has been codified herein as §§ 7-1400—7-1415 at the discretion of the editor.

The purpose of this chapter is 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 products to minors, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.

A. Exempt Businesses. The following businesses are exempt from the requirements of obtaining a tobacco retail license:

1. Any retail sales establishment serving primarily as a grocery store that is occupying a minimum of ten thousand (10,000) square feet of a facility within a premises;

2. A fueling station;

3. An establishment holding a valid alcoholic beverage license.

4. An establishment where products are purchased and consumed only on the premises and that serves as a hookah tobacco retailer, as defined by Health and safety Section 104559.5(a)(8) that is exempt from the subdivision (b) of that state law pursuant to compliance with the requirements found in subdivision (c) of that state law.

5. An establishment serving as a cigar lounge, where products are purchased and consumed only on the premises, and which is exempt from Health and Safety Section 104559.S(b), pursuant to subdivision (d) of the state law.

6. An establishment selling no tobacco products (as defined in Section 7-1401), except "looseleaf tobacco" (pipe tobacco), as defined by Health and Safety Code Section 104559.5(a)(10), or "premium cigars," as defined by Health and Safety Code Section 104559.5(13).

(Ord. No. 4679, § 2, 8-12-2025)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Applicant" means and includes any entity or person who submits an application for a tobacco retail license.

"Application" means the application submitted under Section 7-1403 for a tobacco retail license allowing the person or entity to engage in tobacco retailing at the designated premises.

"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 (2) informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an "arm's length transaction."

"Change of ownership" means a change of fifty percent (50%) or more of the ownership of the business within a 12-month period.

"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice.

"Flavored tobacco product" means any tobacco product that imparts a characterizing flavor.

"Licensee" means and includes the holder of a tobacco retail license and any person required to have a tobacco retail license under this chapter, whether or not such person is actually so licensed.

"Loitering" means the act of remaining upon posted property without the permission of the owner or person in lawful possession.

"Person" means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

"Playground" means an active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Playground does not include play areas located on the site of residential homes or private facilities.

"Premises" means any building or portion of any building where tobacco retailing occurs.

"Proprietor" means the person submitting an application for a license and any person with an ownership or managerial interest in a tobacco retail business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.

"School" means any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or daycare facility.

"Tobacco product" means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or "e-cigarette"), electronic cigar (or "e-cigar"), electronic pipe (or "e-pipe"), vape pen, electronic hookah (or "e-hookah"), cigars, or pipes, whether or not the device or component is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.

"Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of a tobacco product.

"Tobacco retail license" means a license allowing the person or entity to engage in tobacco retailing at the designated premises.

"Tobacco retailer" means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, offered for sale, exchanged, or offered for exchange. "Tobacco retailing" means engaging in any of those activities of a tobacco retailer.

(Ord. No. 4679, § 2, 8-12-2025)

A. It shall be unlawful for any person to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the County without first obtaining and maintaining a valid tobacco retail license pursuant to the provisions of this chapter for each location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a fixed location.

B. Nothing in this chapter shall be construed to grant any person or entity obtaining a tobacco retail license any status other than the right to act as a tobacco retailer at the location in the County identified on the face of the tobacco retail license, subject to compliance with all other applicable laws, regulations, and ordinances. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition of limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code.

(Ord. No. 4679, § 2, 8-12-2025)

A. Business Information. Every person who proposes to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the County shall submit an application or renewal for a tobacco retail license to the San Joaquin County Community Development Department in writing on forms provided by the County. An applicant proposing to conduct tobacco retailing at more than one (1) location shall submit a separate application for each location. Each application shall contain such information pertinent to the business as the County may require. Such information to be provided shall include, but not be limited to, the following:

1. The true name, address, and telephone number of each proprietor;

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

3. Whether or not any proprietor has previously been issued a tobacco retail license pursuant to this chapter that is, or was at any time, suspended, revoked, or cited for violation of any part of this chapter, and, if so, the dates of the suspension period, the date of revocation, or date of the violation; and

4. Whether or not any proprietor has previously been issued a tobacco retail license pursuant to an ordinance in any city within San Joaquin County, that is, or was at any time, suspended, revoked, or cited for violation of that ordinance, and, if so, the dates of the suspension period, the date of revocation, or date of the violation; and

5. Such other information as any department director deems necessary for the administration or enforcement of this chapter.

B. Fee. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the Board of Supervisors. Thereafter, if a tobacco retail license is granted, the licensee shall pay a fee upon renewal every year in an amount as may be fixed and established by a resolution.

C. Applicable Laws. The applicant must provide a statement to the County to the effect that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all applicable laws of the United States of America, the State of California, and the County, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any tobacco retail license subject to immediate suspension or revocation.

D. Additional Permits or Licenses. The applicant must provide a copy of any valid current permit or license from any applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County.

E. Waiver. The applicant for a tobacco retail license is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive such a license is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, and approving or disapproving any application. A waiver of any claims for damages against the County or its agents resulting therefrom shall be presumed upon the filing of an application for a tobacco retail license.

F. Each applicant shall be responsible for providing truthful, complete, and accurate information, signed under penalty of perjury, for the license application.

G. Indemnification. The applicant must provide a statement to the County that the applicant will hold harmless, indemnify, and defend the County against all claims and litigation arising from the issuance of the tobacco retail license, including, without limitation, any claims and litigation arising from the establishment, operation, or ownership of the tobacco retailer.

H. Application Completeness. An application shall not be deemed complete until all the information required has been provided to the County and the required fees and any applicable business tax required by any provision of this code have been paid.

I. Authorization to Operate. The application for a tobacco retail license pursuant to this chapter shall not authorize the maintenance, operation, or conduct of tobacco retailing until such license has been granted. The issuance of a business license pursuant to Title 7 of the County Code shall not authorize the maintenance, operation, or conduct of a tobacco retailer until the license required by this chapter has been lawfully granted.

(Ord. No. 4679, § 2, 8-12-2025)

Nothing herein shall constitute a waiver of the requirements of Title 7 of the County Code requiring issuance and possession of a valid business license.

(Ord. No. 4679, § 2, 8-12-2025)

A. Upon the receipt of an application for a tobacco retail license or renewal of a tobacco retail license and the applicable fee, the San Joaquin County Community Development Department, working with the Sheriffs Office and Treasurer-Tax Collector, shall issue a one-year tobacco retail license, unless any of the following exist:

1. The application is incomplete or inaccurate.

2. The application seeks authorization for tobacco retailing at an address that appears on a tobacco retail license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subsection shall not constitute a basis for denial of a license if either or both of the following apply:

a. The applicant provides the County with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction and the applicant did not have a tobacco license issued by the County or city within the County revoked within the last five (5) years.

b. It has been more than five (5) years since the most recent tobacco retail license for that location was revoked.

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, State, or Federal law.

4. The application includes false statements or false statements were presented as part of the application process.

5. A proprietor associated with the tobacco retail license application has involvement with a current or prior unlawful or nuisance-creating operation, as found by a court of competent jurisdiction, in this or another jurisdiction within the last five (5) years.

6. A proprietor associated with the tobacco retail license application has had a tobacco retail license revoked by the County or a city within the County within the past five (5) years.

7. The application seeks authorization for tobacco retailing at any location within six hundred (600) feet of the perimeter of the property of the following uses, whether in the unincorporated San Joaquin County or a city within the County:

•

Schools

•

Public parks

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Public playgrounds

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Public recreational areas

•

Youth facilities

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A tobacco retailer

However, the prohibition contained in this subsection (A)(7) shall not apply to the following:

a. Any tobacco retailer operating lawfully on the day before the effective date of this chapter, and

b. Since the effective date of this chapter the location has been a licensed tobacco retail location. If the tobacco retail location ceases for any reason for a period of more than six (6) consecutive calendar months, any subsequent tobacco retailer shall conform to the requirements of this chapter.

8. The County is in possession of information that a proprietor associated with the tobacco retail license application has violated any local, State, or Federal tobacco control law within the preceding 30-day period.

9. The applicant does not have a valid current permit or license from any applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California or in the County.

B. Required Notice. If the County does not approve a tobacco retail license or renewal of tobacco retail license, the County shall notify the applicant of the specific grounds for the denial in writing, as specified in subsection A, and provide appeal information pursuant to subsection C, below. The notice shall be served by regular or certified mail, or personally, no later than five (5) days after the denial. If notice is delivered by mail, it shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be considered complete at the time of deposit of the notice in the United States mail (without regard to whether it is regular or certified) without extension of time for any reason. In lieu of mailing, the notice may be served by delivering to the applicant. Personally served notices shall be considered complete at the time of such delivery. Personal service to a corporation may be made by delivery of the notice to any person designated in the California Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.

C. Appeals. The denial of a tobacco retail license or renewal of a license may be appealed, pursuant to Section 7-1411. In the event a tobacco retailer files a timely appeal from the denial of the renewal of a license pursuant to this subsection the tobacco retailer may continue to operate under the existing license pending the appeal decision. The determination of the administrative hearing officer shall be final.

(Ord. No. 4679, § 2, 8-12-2025)

A tobacco retail license shall be valid for one (1) year from the date of issuance, unless earlier suspended or revoked. Any person that holds a tobacco retail license may obtain a new license for the succeeding one-year period by applying for said new license and paying the required fees, in accordance with Section 7-1403 of this chapter, no later than thirty (30) days prior to the expiration date of the current tobacco retail license, but no earlier than sixty (60) days prior to the expiration of the license. An applicant seeking a renewal and whose license has not been revoked and is not currently suspended, may continue to operate while a decision on the renewal application is pending. It is a licensee's sole responsibility to know when an existing tobacco retail license expires and, therefore, needs to be renewed. However, a license that has been revoked or is subject to revocation proceedings shall not be renewed.

(Ord. No. 4679, § 2, 8-12-2025)

A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing experiences a change of ownership, the business must obtain a new license for that location before acting as a tobacco retailer.

(Ord. No. 4679, § 2, 8-12-2025)

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

(Ord. No. 4679, § 2, 8-12-2025)

In addition to any other remedy authorized by law, a license may be suspended or revoked by the Sheriff, or designee, if the following findings are made.

A. Violation of Laws. A license may be suspended or revoked pursuant to this subsection if the Sheriff, or designee, finds that the licensee, or his or her agents or employees, have violated any State or local law, including those relating to the sale of tobacco products to a minor, cannabis, illegal drugs, other illegal substances, or, including without limitation, California Penal Code Section 308 and this chapter, or any State or local law relating to the sale of flavored tobacco products, including, without limitation, California Health and Safety Code Section 104559.5 and this chapter;

B. Detriment. A license may be suspended by the Sheriff, or designee, if the Sheriff, or designee, finds that, based on ascertainable facts, the operation of the tobacco retailer substantially aggravates the crime problems in the County, makes law enforcement unduly difficult, or is detrimental to the public health, safety, or welfare of the County. Such suspension shall be for as long as is determined to be necessary to ameliorate the basis for suspension.

C. Fraud. A tobacco retailer has made fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process.

D. Failure to Comply. A tobacco retailer commits any act which would have constituted grounds for denial of an application for a tobacco retail license.

(Ord. No. 4679, § 2, 8-12-2025)

A. Violations by a licensee at one (1) location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location. However, subject to the time limitations set forth in the chapter, violations found against the same licensee at the same location under an earlier license are cumulative. The Sheriff, or designee, may concurrently make multiple findings of violations, in which case, suspensions provided for in this subsection shall run concurrently, and, for purposes of subsection B, such concurrent violations resulting in concurrently served suspension, shall count as a single violation.

B. Suspension periods that may be imposed:

1. Upon a finding by the Sheriff, or designee, of a first violation within any five-year period, the license may be suspended for up to thirty (30) days.

2. Upon a finding by the Sheriff, or designee, of a second violation within any five-year period, the license may be suspended for up to sixty (60) days.

3. Upon a finding by the Sheriff, or designee, of each additional violation within any five-year period, the license may be suspended for up to ninety (90) days for each violation or, at the discretion of the Sheriff, or designee, be revoked, depending upon the severity of the violations.

C. A brief statement of the specific grounds for such suspension or revocation.

a. A statement that the licensee may appeal the suspension or revocation pursuant to section 7-1411; and

b. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all rights to a hearing by the administrative hearing board, and the date that the suspension or revocation will go into effect and become final.

D. Required Notice. If the Sheriff, or designee, makes a determination to suspend or revoke a license, written notice of the intended suspension or revocation shall be served upon the licensee and property owner within five (5) days of the determination in the same manner as prescribed in Section 7-1405.B.

E. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended or revoked license.

F. The Sheriff, or designee, in ascertaining facts for issuing a notice of suspension or revocation, may rely upon information obtained from personnel of the Sheriff's Office, the Community Development Department, and Treasurer-Tax Collector with respect to their respective areas of expertise. Personnel from all three (3) Departments are authorized to make inspection of a tobacco retailer.

(Ord. No. 4679, § 2, 8-12-2025)

The denial, suspension, or revocation of a tobacco retail license may be appealed to the Sheriff's Office or designee within ten (10) days of the County's notice. Appeals shall identify the decision being appealed and clearly and concisely state the reason for the appeal. If no appeal is filed within the 10-day appeal period, the County's determination regarding the tobacco retail license shall be final. Upon filing of an appeal, the Sheriff's Office or designee, shall refer the matter to the County Counsel for scheduling of an administrative appeal hearing in front of an administrative appeal board made up of three (3) members, consisting of one (1) neutral appointee selected by the department head from the Sheriff's Office, Treasurer-Tax Collector, and Community Development Department. The decision of the appeal board, which requires a minimum of two (2) concurring votes, is final and is subject to a timely brought judicial writ.

(Ord. No. 4679, § 2, 8-12-2025)

The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued under this chapter and constitute operating regulations. Failure to abide by them are grounds for suspension or revocation of the license under Section 7-1409.A.

A. It shall be unlawful for any tobacco retailer required to be licensed under this chapter, whether or not such tobacco retailer is actually so licensed, to violate any of the provisions of this chapter.

B. All tobacco retailers shall remain in compliance with the County Code and all other local, State, and Federal laws at all times.

C. Tobacco retail licenses are for a specific, fixed location that shall serve as the licensed premises and shall not deviate from the premises that was described in the application. A tobacco retail licensee shall maintain legal possession of the premises (e.g., ownership, lease) that was approved by the County with the application for the tobacco retail license.

D. No more than 20 percent (20%) of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other sign age of any sort, and no sign may exceed thirty-two (32) square feet in size.

E. A tobacco retailer shall comply with the following:

1. Pay all County-imposed fines, penalties, and fees by the deadlines provided;

2. Allow for immediate access to a County or State official that is authorized to regulate tobacco control ordinances under this chapter or any State or County law or regulation to the premises and on-premises records during regular business hours or hours of apparent operation;

3. Prevent loitering, public drinking, and public use of cannabis or criminal behavior on and around the premises, including parking areas. "No Loitering" signs shall be prominently posted in a readily visible manner on no less than one (1) exterior wall. The tobacco retailer's operators or employees shall ask persons loitering for longer than fifteen (15) minutes to leave the area and contact law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so;

4. Prevent any condition constituting a nuisance on the premises, including parking areas associated with the establishment;

5. Remove all graffiti or other signs of vandalism within forty-eight (48) hours of knowledge of the graffiti or vandalism; and

6. Maintain a clean and orderly premises to ensure public health and safety meet the highest standards.

F. The provisions of this chapter are intended to provide a minimum level of public health, safety, and welfare protection at businesses engaging in tobacco retailing. Nothing in this chapter is intended to prevent the County from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes. In the event of a conflict between an operating regulation set forth in this chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement shall apply.

(Ord. No. 4679, § 2, 8-12-2025)

In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this chapter for any tobacco retailer to violate any Federal, State, or local law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

(Ord. No. 4679, § 2, 8-12-2025)

It is unlawful for any person to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees have made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product's labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

(Ord. No. 4679, § 2, 8-12-2025)

It is unlawful for any tobacco retailer, employee, or other person to violate any provision of this chapter and may be dealt with as follows.

A. Misdemeanor. A violation of any of the provisions of this chapter may be charged as a misdemeanor for each day such violation continues.

B. Civil Action. Any violation of this chapter may also be remedied by a civil action brought by the County Counsel. The County may recover for reasonable attorneys' fees and costs of suit in any civil litigation brought by the County Counsel to remedy any violation of this chapter.

C. Administrative Citations. A violation of any of the provisions of this chapter may also result in the issuance of administrative citations pursuant to Section 1-2030(b).

D. Suspension or Revocation. A violation of any of the provisions of this chapter may also result in the suspension or revocation of the tobacco retail license pursuant to Section 7-1409 of this chapter.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance and may be summarily abated by the County.

(Ord. No. 4679, § 2, 8-12-2025)