Vallejo Municipal Code Ch. 16.340 Tobacco Product Sales

These regulations implement the policies of the general plan to promote the public health, safety and general welfare by reducing the harmful effects of tobacco use, including exposure to secondhand smoke and tobacco sales to children, by regulating tobacco sales. More specifically, to impose reasonable controls on the location of tobacco retail stores aligned with the following objectives:

A. To protect adjacent neighborhoods from the harmful effects attributable to the sale of tobacco related products;

B. To provide opportunities for businesses which primarily sell tobacco related products to operate in a mutually beneficial relationship to each other, and other identified land uses;

C. To ensure that businesses classified as tobacco retail stores are not the source of undue public nuisances in the community;

E. To ensure that sites where tobacco retail stores are located are properly maintained so that negative impacts are not harmful to the surrounding environment in any way.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)

A. Major Use Permit Required. A tobacco retail store - major shall require a major use permit, pursuant to Chapter 16.606, Minor and Major Use Permits.

B. Minor Use Permit Required. A tobacco retail store - minor shall require a minor use permit, pursuant to Chapter 16.606, Minor and Major Use Permits.

C. Tobacco retail store applicants shall provide a floor plan to verify the amount of sales display area devoted to tobacco related products.

D. In addition to the findings required by Chapter 16.606, a Tobacco Retail Store - Major shall meet the following additional finding for the issuance of a major use permit in the districts where they are allowed:

1. The proposed use would be located greater than one thousand feet from any parcel zoned for residential use.

E. In addition to the findings required by Chapter 16.606, a Tobacco Retail Store - Major and Minor shall meet the following additional findings for the issuance of a major or minor use permit, as applicable, in the districts where they are allowed:

1. The proposed use would be located greater than one thousand feet from any parcel of land that contains any of the following specific land uses:

a. Another tobacco retail store;

b. Community assembly use;

c. Park and recreation facilities, public, or a park open to the public or to all the residents of a private community;

d. Childcare facility or childcare centers;

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

f. A playground open to the public;

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

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

i. A licensed child-care facility or preschool other than a small-family day care home or a large-family day care home as defined in California Health and Safety Code § 1596.78;

j. Public library; or

k. Cannabis business retailer.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)

A. No tobacco retailer shall violate any applicable provision of any other city, county, state, or federal regulation, ordinance, or statute, especially, but not limited to, Chapter 5.10, Tobacco Retail Licensing and Chapter 16.509, Signs, of the Vallejo Municipal Code.

B. Tobacco retail clerks shall be the minimum legal age to purchase tobacco.

C. Tobacco retailers shall be in compliance with all rules, regulations, laws, and administrative requirements of the state board of equalization and any other applicable state and/or federal agency.

D. The tobacco retailer shall ensure the site is maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within a one-hundred-foot radius from the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

E. Employees of the establishment shall walk a one-hundred-foot radius from the premises at some point prior to thirty minutes after closing and shall pick up and dispose of any trash left by patrons.

(Ord. No. 1875 N.C. (2d), § 8(Exh. D), 12-10-2024)