Walnut Creek Municipal Code Art. 2 Tobacco Retailer License

a. Without first obtaining and maintaining a valid tobacco retailer's license, it shall be unlawful for any person or retailer found to have been convicted of any City of Walnut Creek ordinance regulating the sale or distribution of tobacco within the previous twelve months to sell or offer for sale any tobacco product. A tobacco retailer's license shall be obtained from Contra Costa County Health Services Department for each location in the city where such person or retailer sells tobacco products.

b. For the purposes of this article, any City of Walnut Creek ordinance regulating the sale or distribution of tobacco shall include Article 2 of Chapter 4 of Title 4 of the Municipal Code (Commencing with Section 4-4.100), Chapter 15 of Title 4 of the Municipal Code (Commencing with Section 4-15.01), Chapter 4 of Title 5 of the Municipal Code (Commencing with Section 5-4.101) and Municipal Code Section 10-8.107.

c. For the purposes of this article, "retailer" means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.

d. Licenses are valid for one year and licensees must apply for renewal annually for a total of five years. If there are no further conviction of any ordinance regulating the sale or distribution of tobacco in that five-year period, no additional renewal of the tobacco retailer's license will be required in order to sell tobacco products. The license may be revoked for cause pursuant to Section 5-4.206 below.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000; § 3A, Ord. 2211, eff. 12/17/2021)

An application for a tobacco retailer's license shall be submitted in the name of the retailer, who, following a conviction specified in Sec. 5-4.201, proposes to conduct retail tobacco sales on the business premises and shall be signed by such retailer or its authorized agent. All applications shall be submitted to the Contra Costa Health Services Department on a form supplied by the Department, and shall contain the following information:

a. The names, address, and telephone number of the applicant;

b. The business name, address, and telephone number of each establishment where tobacco to be sold; and

c. Such other information as the Director of the Health Services determines is necessary for implementation of this article. For purposes of this article, Director means Director of Contra Costa Health Services unless otherwise specified.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)

Upon receipt of a completed application for a tobacco retailer's license, including payment of the license fee, the Director, or his or her designee will issue a license, which each licensee must prominently display at the location where tobacco retail sales are conducted.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)

The fee for a tobacco retailer's license shall reflect the actual cost of processing the license, including inspection of the tobacco retailer's business premises and implementation of the licensing program and shall not exceed $500 annually as determined by the Board of Supervisors.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)

The fee for a tobacco retailer's license is nontransferable. If there is a change in location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The new license will retain the same expiration date as the previous one.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)

a. Grounds for Suspension. A tobacco retailer's license may be suspended, as set forth in subsection b., by the Director upon a finding, after giving the licensee notice and opportunity to be heard, that the licensee or his or her employee, has been convicted of any City ordinance regulating the sale or distribution of tobacco.

b. Time Period of Suspension of License.

1. Upon the first time that the director makes a finding as set forth in subsection (a), the license to sell tobacco products may be suspended for up to sixty (60) days;

2. Upon the second time that the Director makes a finding as set forth in subsection (a) within twelve months of the first determination, the license to sell tobacco products may be suspended for up to one hundred twenty (120) days;

3. Upon the third and each subsequent time that the Director makes a finding as set forth in subsection a within twelve months of the prior determination, the license to sell tobacco products may be suspended for up to one year.

c. Grounds for Revocation. A tobacco retailer's license may be revoked by the Director upon a finding, after giving the licensee notice and opportunity to be heard, that the licensee or his or her employee, has been convicted of any Municipal Code section regulating the sale or distribution of tobacco.

d. Appeal of Suspension or Revocation. The decision of the Director to suspend or revoke a tobacco retailer's license may be appealed to the City Council as provided by Chapter 4 of Title 1 (commencing with Section 1-4.01) of this Code.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)

a. Grounds for Fine. If the City Manager, after giving notice and an opportunity to be heard finds a person is selling or offering tobacco products for sale without a required tobacco retailer's permit, that person may be subject to an administrative fine, as permitted under Government Code Section 53069.4, as follows:

1. Up to a maximum one hundred dollars ($100) for a first violation;

2. Up to a maximum two hundred dollars ($200) for a second violation within one year;

3. Up to a maximum five hundred dollars ($500) for the third and subsequent violations within one year.

Each day that tobacco products are offered for sale without a license by a tobacco retailer required to have such a license pursuant to Section 5-4.201, shall constitute a separate violation as set forth in Section 1-2.01 of this code. A finding of "offering for sale" will be made if tobacco products are actually sold and or displayed in the retail establishment.

b. Fine Procedures. Notice of the fine shall be served on the tobacco retailer or person who is owner of the establishment by certified mail following the procedures set forth in Section 1-3.10 of this Code. The notice shall contain an advisement of the right to request a hearing before the City Manager contesting the imposition of the fine. Said hearing must be requested within ten (10) days of the date of the notice of the fine.

c. Appeal to Municipal Court. Any fine imposed by the City Manager may be appealed to the municipal court.

d. Failure to Pay Fine. Prior to the issuance of any license by Contra Costa Health Services any outstanding fines must be paid.

(§ 1, Ord. 1943, eff. 4/1/1999; § 1, Ord. 1962, eff. 6/1/2000)