Sonora Municipal Code § 8.50 [Tobacco Regulations]

Footnotes:

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Editor's note— See Appendix A: Findings [in Ord. No. 916.]

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. "Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.

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

C. "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.

D. "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 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.

E. "Child-resistant packaging" means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.

F. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.

G. "Cigarette" means:

1. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and

2. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

H. "Compliance checks" means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

I. "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

J. "Delivery sale" means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.

K. "Department" means the City of Sonora Police Department, the City of Sonora Code Enforcement, and any agency or person designated by the Department to enforce or administer the provisions of this chapter.

L. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

M. "Flavored tobacco product" means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.

N. "Full retail price" means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

O. "Kratom product" means any or all parts of the plant Mitragyna speciosa that contains mitragynine or 7-hydroxymitragynine (also known as 7-OH or 7-Hydroxy), or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other edible product intended for human consumption.

P. "Little cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. ....."Little cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

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

R. "Moveable place of business" means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

S. "Nitrous oxide" means a colorless, nonflammable gas (N:O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is oftentimes called "laughing gas."

T. "Nitrous oxide device" means any cartridge, compressed gas cylinder, apparatus, container, or other device intended or designed to be used to contain or dispense or administer nitrous oxide.

U. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

V. "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

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

X. "Recreation facility" means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

Y. "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.

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

AA. "Smoke shop/significant tobacco retailer" means any person or business for which the principal or core business is selling tobacco products, tobacco accessories, or both, as evidenced by any of the following: 20 percent or more of floor or display area is devoted to tobacco products, tobacco accessories, or both; or 60 percent or more of gross sales receipts are derived from the sale or exchange of tobacco products, tobacco accessories, or both; or 50 percent or more of completed sales transactions include tobacco products or tobacco accessories.

BB. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. ....."Smoking" includes using an electronic smoking device.

CC. "Tobacco product" means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. Any component, part, or accessory of 1. or 2., whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

DD. "Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

EE. "Tobacco retailer" means any person or business that sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products or tobacco paraphernalia. This definition includes both tobacco retailers-general (EE below) and smoke shops/significant tobacco retailers (AA above).

FF. "Tobacco retailer-general" means any person or business that sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products or tobacco paraphernalia, but for which the sale of such products is not the primary or core business. To qualify as a tobacco retailer-general, the establishment must not meet any of the criteria listed in AA above, which define a smoke shop/significant tobacco retailer. Examples of tobacco retailer-general licensees may include, but are not limited to: convenience stores, supermarkets, grocery stores, gas stations, or mini-marts.

GG. "Tobacco retailing" means engaging in the activities of a tobacco retailer.

HH. "Youth-oriented facility" means a parcel in the city that is occupied by:

1. A private or public kindergarten, elementary, middle, junior high, or high school;

2. A library open to the public;

3. A playground open to the public;

4. A youth center, defined as a facility where children, ages six to 17, inclusive, come together for programs and activities;

5. A recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;

6. A park open to the public or to all the residents of a private community;

7. A licensed child-care facility or preschool [other than a all-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]].

(Ord. No. 916, 6-15-2026)

A. Tobacco Retailer's License Required. It shall be unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer's license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law.

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, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. Positive Identification Required for Sale. 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 21 years of age.

G. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

H. On-Site Sales. All sales of tobacco products shall be conducted in-person in the licensed location. 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.

I. Positive Identification Required for Entry: Smoke Shops/Significant Tobacco Retailers. No smoke shop/significant tobacco retailer shall allow the following individuals to enter its premises: (1) any individual who is younger than the minimum age established by state law for the purchase or possession of tobacco products; (2) any individual who appears to be under the age of 27 years, unless an examination of the individual's identification confirms that the individual is at least the minimum age under state law to purchase and possess tobacco products.

J. Security Measures Required: Smoke Shops/Significant Tobacco Retailers. All smoke shops/significant tobacco retailers shall follow required security measures as specified on the license application. These measures shall include, but may not be limited to:

1. The facility shall be alarmed with a monitored burglar alarm. The monitoring center shall be UL-listed. In addition to motion sensors, alarm components shall include contact points on all interior and exterior doors, windows capable of opening, motion sensors in each room of the facility, and glass break sensors on any external windows. The facility alarm shall be equipped with non-emergency notification technology that provides immediate notification of facility management of any system failures (e.g., power outage, sensor malfunction). The burglary alarm shall cause the alarm company to immediately notify the Sonora Police Department Communications Center.

2. Recorded closed-circuit color video (CCTV) cameras shall be installed and employed to monitor all aspects of the facility. All areas of the facility accessible to patrons shall be equipped with video monitors in a visible location where patrons can clearly see that their activities are being monitored.

3. Any rear door used to admit employees or deliveries shall be equipped with a 180-degree viewing device.

4. Height markers that display height measurements are required on the interior of the business, at a minimum, located at entrances and exits.

5. The patron entrance shall be equipped with signage prohibiting hats and hoods that conceal patrons' facial features.

K. Nitrous Oxide. It shall be unlawful for an establishment designated as a tobacco retailer-general to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a nitrous oxide device. For tobacco retailer-general licensees only, this section shall not apply to:

1. The administration of nitrous oxide by a medical or dental practitioner licensed by the state or at the direction or under the supervision of a practitioner licensed by the state for the purpose of providing medical or dental care;

2. The sale or distribution of nitrous oxide as a propellant in food products such as whipped cream by commercial edible food generators, as defined in the City of Sonora Municipal Code Section 7.08.100;

3. The sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification system (NAICS); or

4. Any other sale or distribution under an express exemption pursuant to Penal Code sections 381b through 381e.

It shall be unlawful for an establishment designated as a smoke shop/significant tobacco retailer to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a nitrous oxide device. No exceptions or conditions apply to smoke shop/significant tobacco retailer licensees.

L. Kratom Products. It shall be unlawful for a tobacco retailer to sell, offer, distribute, or otherwise provide to any person a kratom product, as defined in Section 8.50.010.

(Ord. No. 916, 6-15-2026)

A. Flavored Tobacco Product Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

B. Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

(Ord. No. 916, 6-15-2026)

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product:

1. Is sold in the manufacturer's packaging intended for sale to consumers;

2. Conforms to all applicable federal labeling requirements; and

3. Conforms to all applicable child-resistant packaging requirements.

B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.

D. Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:

1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

E. Minimum Package Size for Little Cigars. No tobacco retailer shall sell any little cigar unless it is sold in a package of at least five little cigars.

(Ord. No. 916, 6-15-2026)

A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.

B. 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 under Business and Professions Code Division 10.

C. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

D. Population and Density. The issuing of tobacco retailer licenses is limited as follows:

1. The total number of tobacco retailer licenses issued to significant tobacco retailers within the city shall be limited to one for each 1,200 inhabitants of the city.

2. For the purposes of this subsection, the total population of the city/county shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. For purposes of calculating the limit established by this subsection, a fraction of .5 or more shall be rounded up to the next whole number. A fractional amount of less than .5 shall be rounded down to the next whole number.

3. No new license may be issued to a significant tobacco retailer if the number of tobacco retailer licenses equal or exceed the total number authorized pursuant to subsection (1).

(Ord. No. 916, 6-15-2026)

A. An application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each 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 on the basis of false or misleading information shall be revoked pursuant to Section 8.50.130(C) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and 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 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 proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.

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

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.

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

7. 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 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. 916, 6-15-2026)

A. Issuance of License. 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 within six working days, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.

B. Denial of Application. The department may deny an application for a tobacco retailer's license based on any of the following:

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

2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;

3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; or

4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law.

5. The application seeks authorization for tobacco retailing at a business location for which the business is lacking a current Business License pursuant to the City of Sonora Municipal Code Section 5.10.

6. Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant's history of noncompliance with this chapter and other laws relating to the sale of tobacco products.

C. Appeal of Issuance or Denial. Any person aggrieved by any decision of the department with respect to the issuance or refusal to issue a tobacco retailer's license may appeal to the council by filing a notice of appeal with the city administrator. The council shall thereupon fix a time and place for hearing such appeal. The city administrator or designee shall give notice to such person of the time and place of hearing by sending notice by certified mail. The council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this text. The council shall make findings, thereon, which shall be final.

D. Proration of fees for a tobacco retail license will be as follows: If a retailer applies for a tobacco retail license during the first half of the calendar year (January 1 through June 30), said retailer will be charged for a full calendar year. If the retailer applies for a tobacco retail license during the second half of the calendar year (July 1 through December 31), said business will be charged for half a calendar year.

E. The only exception to paragraph D shall be those retailers which apply for a tobacco retail license during the month of December. A retailer will not be required to obtain a current calendar year's tobacco retail license, if, they pay for the following year's license during December of the current year. If said retailer does not elect to pay for the following year, said retailer will pay for half a calendar year, covering the tobacco retail license for the current year.

(Ord. No. 916, 6-15-2026)

Renewal of License. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of their tobacco retailer's license by December 1 of each year, on a form supplied by the department. The completed form and payment shall be due to the City by the following January 1, with said payment being delinquent if not received by January 31 of said year. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 8.50.060.

(Ord. No. 916, 6-15-2026)

A. Licenses Not Transferrable. 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 proprietors.

B. Past Violations. 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:

1. The location has been transferred to new proprietor(s) in an arm's length transaction; and

2. The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm's length transaction.

(Ord. No. 916, 6-15-2026)

Nothing in this chapter shall be construed to grant any person obtaining and 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 permit. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

(Ord. No. 916, 6-15-2026)

A. Fee for License. The fee to issue or to renew a tobacco retailer's license shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, 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.

B. Increase in Fees. The fee to issue or to renew a tobacco retailer's license shall be established or amended by resolution of the city council.

C. Fee Waiver. All license fees will be waived for:

1. New proprietors proposing to conduct retail tobacco sales at a business location;

2. Proprietors seeking renewal of an existing tobacco retail license who have had no violations at the business location in the previous 365-day period from the date the renewal application is made.

(Ord. No. 916, 6-15-2026)

A. Compliance with this chapter shall be monitored by the Department. In addition, the City may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours.

B. The Department shall inspect each tobacco retailer at least one time per 12-month period to ensure compliance with this chapter.

C. The city will conduct at least one compliance check per 24-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.

D. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.

(Ord. No. 916, 6-15-2026)

A. Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, have violated any of the requirements, conditions, or prohibitions of this chapter; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 8.50.020 above.

1. Upon a finding by the Department of a first violation of this chapter at a location, the license shall be suspended for 30 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 90 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 suspended for one year.

4. Upon a finding by the Department of four or more violations of this chapter at a location within any five-year period, the license shall be revoked.

B. Appeal of Suspension or Revocation. Any person aggrieved by any decision of the department with respect to the suspension or revocation of a tobacco retailer's license may appeal to the council by filing a notice of appeal with the city administrator. The council shall thereupon fix a time and place for hearing such appeal. The city administrator or designee shall give notice to such person of the time and place of hearing by sending notice by certified mail. The council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this text. The council shall make findings, thereon, which shall be final. An appeal is not available for a revocation made pursuant to subsection (c) below.

C. Revocation of License Wrongly Issued. 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 one or more of the bases for denial of a license under Section 8.50.070 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the city.

(Ord. No. 916, 6-15-2026)

A. Ineligible for License. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's license as follows:

1. After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 30 days have passed from the date of the violation.

2. After a second violation of this section at a location within any five-year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 90 days have passed from the date of the violation.

3. After of a third or subsequent violation of this section at a location within any five-year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until five years have passed from the date of the violation.

B. Administrative Fine for Unlicensed Tobacco Retailer. In addition to any other penalty authorized by law, a Licensee shall pay a fine if the Licensee or Licensee's agents or employees violate any of the requirements, conditions, or prohibitions of this Chapter. The amount of the administrative fine for each violation of this Chapter shall be as follows:

1. A fine not to exceed $2,500.00 for each violation identified during the first instance in which the tobacco retailer has committed a violation or violations.

2. A fine not to exceed $5,000.00 for each violation identified during a subsequent instance if the tobacco retailer has committed a previous violation or violations within a 60-month period.

3. A fine not to exceed $10,000.00 for each violation identified during a subsequent instance if the tobacco retailer has twice committed a previous violation or violations within a 60-month period.

(Ord. No. 916, 6-15-2026)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 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 shall be subject to an administrative penalty. The amount of the administrative penalty shall be $50.00 for the first offense, $100.00 for the second offense, and 250.00 for any subsequent offense.

D. Any person who or which violates any of the provisions of this chapter is guilty of a misdemeanor, under Section 594 of the California Penal Code and shall, upon conviction thereof, be punished by a fine of not to exceed $1,000.00, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

E. Violations of this chapter are hereby declared to be public nuisances.

F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

G. Upon inspection and determination by the Department that a product offered for sale is in violation of this chapter, the tobacco retailer shall immediately remove all such prohibited products from the retail premises. Removal requires that the violating products be taken of store shelves, out of any area accessible to the public, and removed from the retailer's inventory to an of-site location or destroyed by the retailer. Failure to comply with an immediate removal request constitutes a separate and distinct violation for each 24-hour period of non-compliance. The decision by the Department may be appealed pursuant to the procedures set forth in Section 8.50.130(b). Prohibited products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.

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

1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and

2. Each individual tobacco product 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. 916, 6-15-2026)

Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

(Ord. No. 916, 6-15-2026)

It is the intent of the city council of the City of Sonora to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The city council of the City of Sonora hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

(Ord. No. 916, 6-15-2026)

All information provided to the Department by a licensee or license applicant pursuant to this chapter shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.

(Ord. No. 916, 6-15-2026)