South San Francisco Municipal Code Ch. 6.46 Tobacco Retailer Permit

Chapter 4.98 "Tobacco Retailer Permit" of Title 4 of the San Mateo County Ordinance Code, and any amendment thereto, is hereby adopted by reference and made effective in this city. Certified copies of San Mateo County Ordinance Code Chapter 4.98 of Title 4 as adopted hereby, have been deposited with the city clerk, and shall be at all times maintained by the city clerk for use and examination by the public. The city hereby authorizes the Chief of San Mateo County Health, or designee, to administer and enforce, on behalf of that city, the provisions of San Mateo County Ordinance Code Chapter 4.98 of Title 4.

(Ord. 1399 § 3, 2008; Ord. 1671-2025, 5/14/2025)

San Mateo County Ordinance Code Section 4.98.290 sets forth suspension or revocation of permit provisions as follows:

(a) Grounds for Suspension or Revocation.

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

(A) After the permit was issued it is determined that the application for the permit is incomplete or inaccurate.

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

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

(b) Time Period of Suspension of Permit.

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

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

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

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

(c) Effective Date of Suspension or Revocation. Within ten calendar days of the hearing, the director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten calendar days from the date such order was sent by certified mail to the retailer, unless a timely appeal is filed in accordance with subsection (d).

(d) Appeal of Suspension or Revocation. The decision of the director is appealable to the San Mateo County licensing board and the procedural rules of the San Mateo County licensing board shall govern hearings on all appeals of suspensions and revocations.

(1) An appeal must be in writing, be addressed to the director and be hand-delivered to the offices of the division of environmental health.

(2) An appeal must be received by the director before the effective date of suspension or revocation provided by subsection (c) in order to be considered.

(3) The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County licensing board.

(4) The decision of the San Mateo County licensing board shall be a final administrative order, with no further administrative right of appeal.

(Ord. 1671-2025, 5/14/2025)

San Mateo County Ordinance Code Section 4.98.300 sets forth administrative fines as follows:

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

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

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

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

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

(d) Fine Procedures. Notice of the fine shall be served on the tobacco retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the director contesting the imposition of the fine. Said hearing must be requested within ten calendar days of the date appearing on the notice of the fine. The decision of the director shall be a final administrative order, with no administrative right of appeal.

(e) Failure to Pay Fine. If a fine imposed pursuant to this chapter is not paid within thirty calendar days from the date appearing on the notice of the fine or of the notice of determination of the director after the review provided for under subsection (c) of this section, the fine may be referred to a collection agency within or external to the county. In addition, any outstanding fines must be paid prior to the issuance of any new permit or renewal of a permit.

(Ord. 1671-2025, 5/14/2025)