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Tobacco Retailers

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All tobacco retailers in unincorporated Contra Costa County must obtain a Tobacco Retailer License per location each year. This license must be obtained from the Business License Tax Division of the Treasurer-Tax Collector's Office.

Applying for a Tobacco License

Business Licenses are non-transferable.

Steps to take before receiving a tobacco retailer license in Contra Costa County include:

  1. The Contra Costa Tobacco Prevention Project (TPP) will verify the address you provided with our epidemiology department. Please note that it will take an average of seven to ten days to process your request. Upon verification and approval of the store location, we will call you to schedule an in-person appointment to discuss the tobacco policies that apply to your store. Please do not visit our office without an appointment.
  2. Please bring the completed zoning verification form to your appointment. This form is required for all applications and must be in the owner's name and for the approved store address.
  3. During your scheduled appointment, a TPP staff member will review the Tobacco Retail License laws with you.
  4. If approved, pay the $287 tobacco license fee at the business office.

Tobacco Laws

The definition of "tobacco product" has been expanded. See the "helpful definitions" section for more information.

Contra Costa County passed new tobacco retailer licensing laws on December 19, 2019, to protect youth from tobacco influences. Enforcement began on April 1, 2020. At a glance:

  • No sale of flavored tobacco products at any tobacco retailers
  • No sale of electronic smoking devices/vaping devices*
  • No sale of e-liquids/vaping liquids*
  • No sale of small packs of little cigars or cigarillos
  • No new significant tobacco retailers
  • No tobacco is sold in pharmacies

*Pending FDA approval

Ordinances

Ordinance 2019-34

  • No tobacco retailer may sell any flavored tobacco product or menthol cigarette.
  • No tobacco retailer may sell any electronic smoking device or e-liquid not approved by the FDA.

Ordinance 2017-10

  • Retailers operating within 1000 feet of schools, parks, playgrounds and libraries are prohibited from selling tobacco products. Existing tobacco retailers are exempt.
  • Retailers within 500 feet of tobacco retailers are prohibited from selling tobacco products. Existing tobacco retailers are exempt.
  • Significant tobacco retailers, including vape shops, hookah bars or smoke shops, are allowed.

Ordinance 2017-01

  • The sale of flavored tobacco products, including menthol cigarettes, is prohibited within at least 1,000 feet of schools, parks, playgrounds and libraries.
  • The sale of cigars, including little cigars and cigarillos, is prohibited in pack sizes under 10. Premium cigars that sell for $5.00 or more are exempt from this provision.
  • No tobacco retailer license will be issued that authorizes tobacco retailing in a pharmacy.
  • Compliance with state and local storefront signage and drug paraphernalia sales laws is required.
  • Tobacco retailers are required to check identification of customers who appear younger than 27 years of age.
  • The number of retailers that can sell tobacco products is capped at the number of licenses issued by Contra Costa County.

Violations

If a retailer sells tobacco without a valid or current license, the retailer can be cited and fined up to $500 for each day they are in violation, per County Code 14-12.006. Additionally, administrative fines may apply.

If the retailer violates any federal, state or local tobacco control law, they may face suspension or revocation of their tobacco retailer license. Tobacco retailers who have their license suspended due to violations of the law are required to remove tobacco advertising during license suspension periods. The time period reviewed for prior violations of the license (the "look-back" period) is expanded from 24 months to 60 months when considering the length of time for a license suspension for retailers found violating the law.

For more information, please call 888-877-4202.

Helpful Definitions

Flavored tobacco product

"Flavored tobacco product" means any tobacco product, other than cigarettes, that contains a constituent that imparts a characterizing flavor. A tobacco product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored tobacco product.

Tobacco product

"Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for that approved purpose.

"Tobacco product" means any of the following:

  • Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, by any means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, vaping devices, and hookah.
  • Any electronic smoking device that contains nicotine or can be used to deliver nicotine in aerosolized or vaporized form.
  • Any component, part or accessory of a tobacco product, whether or not it is sold separately.

Significant tobacco retailer

A "Significant Tobacco Retailer" is defined as having more than 20% of retail sales space and display area dedicated to tobacco retailing use.

Resources and Materials

If you have any questions, please call the tobacco prevention staff at 888-877-4202.