Policy Discussion:
Reducing Tobacco Retailer
Permits Under CVMC
Chapter 5.56
City Council
April 21, 2026
Presented by:
Nicole Carnahan, Deputy City Attorney
Dan Peak, Acting Police Chief
Stacey Kurz, Director Housing and Homeless Services
Council Referral
May 13, 2025
Research and evaluate potential
updates to the City’s Tobacco
Retail Permit (TRP) program to:
Staff Identified Areas for
Further Evaluation:
1) Strengthen local regulations Compliance, Enforcement, & Penalties (to be brought back in the near future)
2) Explore strategies to reduce the
overall number of tobacco retailers
Policies for:
- Type of Retailers
- Permit Issuance Cap(s)
- Retailer Proximity
- Buffer from Sensitive Locations
- Transfer of Permit
Community Outreach Timeline
History of Tobacco Policy in Chula Vista
• California's statewide flavored
tobacco ban (2022 SB 793)
• Established Unflavored
Tobacco List (UTL) (2025
• Other California cities
have adopted stronger
TRP policies, such as:
• Caps on retailer density
• Distance requirements
from schools
• Non-Transferable licenses
Evolving Regulatory Landscape
State & Local Laws Since 2018
• SB 1314: January 1, 2028, would
prohibit smoke shops from:
• Within 600-foot radius of a
school or a day care center.
• Retail sales 10:00 p.m. to 6:00
a.m.
• Creation of a separate license
category and fee rates.
• AB 957: Would prohibit pharmacies
from selling tobacco products.
• AB 762: Ban single-use disposable,
battery-embedded vapor inhalation
devices
Evolving Regulatory Landscape
Proposed Legislation as of 4/1/2026
Existing CVMC 5.56
Tobacco Retailer
Program
CVMC 5.56
Tobacco Retailer Permit Process
Application to Police Department
- Ownership interest
- Prior business/employment
- Certain criminal history
Chief of Police Approval
- Permitted for 1 year
- Retailer responsible for records
Chief of Police Denial
- Application Issues
- Legal/compliance issues
- Criminal history/pending
- Prohibited activities
- Past denials/ineligibility
Automatic Renewal
- Automatic unless noncompliance
Renewal Denial
-Conditions warrant
suspension/revocation
- Permit currently suspended/revoked
- Failure to renew state licenses
- Fail to pay renewal fee
- Fail to maintain records
How Compliance Inspections Are Conducted
Example of Inspection Checklist Used by the CVPD
Compliance Inspection
Areas:
• Licensing & Permits
• Sales Restrictions
• Product Restrictions
• Store Operations
CVMC 5.56 Compliance Inspections 2022-2025
106
RETAILER
INSPECTIONS UNDER
CVMC 5.56
88 MINOR DECOY
OPERATIONS
FURNISHING
TO MINORS
FLAVORED
TOBACCO
THC
SALES
17 16
4 99
UNDERCOVER
BUYS
37 Major
Violations
Major Violation
Large Seizures
Major Violation
Hidden Product
Compliance Checks by the State 2022-2025
147
INSPECTIONS
FLAVOR BAN
SEIZURES
15 CIGARETTE
SEIZURES
3 CITATIONS
ISSUED
13 2022
5 2023
43 2024
0 2025
99 California Department of
Tax and Fee Administration
CVMC 5.56 Tools for Compliance
Citations
Progressive within
12-month period:
$100
$200
$500
+
Civil Penalties
Permit Actions
Progressive over
60-month period:
1 2
3 4
Warning
90-day Suspension
1-year Suspension
Revocation
Criminal
Misdemeanor
punishable by a fine of
not more than $1,000 or
imprisonment for a
period of not more than
six months
$2,500 for each
and every offense
CVMC 5.56 Examples of 1st Violation
$100
Citation Permit Actions
1 WarningTools for compliance: &/or
Example #1: Lack of Required Signage
Violation of CVMC 5.56.090(A). Compliance with All Laws Required. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a permit issued, it shall be a violation of this chapter for a Permittee, or any of the Permittee’s agents or employees, to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.
Example #2: Possession of Flavored Tobacco
Violation of CVMC 5.56.095(A)(1). There shall be a permissive inference that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages of Flavored Tobacco Products, or any combination thereof, possesses
such Flavored Tobacco Products with intent to sell or offer for sale.
Staff Recommended Amendments to
CVMC 5.56 - Tobacco Retailer
Amendments/Updates
• 5.56.090 – Operating requirements
• Employees
• Marketing
• 5.56.095 – Product restrictions
• UTL
• 5.56.100 - Compliance Monitoring
• Inspection Authority
• 5.56.110 – Suspension and revocation
• Permit Violations
• 5.56.120 - Violations-Penalties
• Administrative Citations
Policy Discussion to
Reduce Permits
Range of Options to Restrict Tobacco Retailers
General Considerations:
• Applicability to existing and/or new permits
• Timing of retrictions immediate and/or phased
Examples Around California
Restrictions on Type of
Retailer
Limit # of Permits
Issued
Distance
Between Permits
Buffer Around
Sensitive Locations
Local
Jurisdicti
ons
Prohibit pharmacies:
SD County, Alameda City &
County, Fremont, Hermosa
Beach, Santa
Rosa, Humboldt County,
Sonoma County, National City
Caps on Issuance:
25 = Oakley
54= National City
330 = SD County
1 per 1,000 people =
Hesperia, Lynwood
1 per 2,500 people = Santa
Rosa, Alameda
County, Humboldt County,
Sonoma County
No new permits
surrounding existing
permit:
200 ft. = Hesperia, Lynwood
500 ft. = SD County, Alameda
City & County, San Jose, Union
City, Alameda
County, Humboldt County,
Sonoma County
1,000 ft. = El Cerrito, National
City
Youth populated
areas:
300 ft. = Alameda
500 ft. = El Cerrito,
Fremont, Hermosa Beach,
Hesperia, Lynwood,
Humboldt County
600 ft. = Santa Rosa
1,000 ft. = Union City,
Alameda County, Sonoma
County, National City
Sensitive uses:
500 ft. = San Jose
Residential zone:
Hesperia, Lynwood
Proposed
State Law
AB 957:
Prohibit pharmacies
SB 1314: Limit smoke
shop sales hours 10:00
p.m. to 6:00 a.m. &
create a separate license
SB
1314: Prohibit smoke
shops from within 600-
foot radius of a school
or a day care center.
Current
Tobacco
Retail
Landscape
in Chula
Vista
(142 Retailers)
Distric
t 2:
56 Distric
t 1:
19 Distric
t 4:
51 Distric
t 3:
14 Over 75% of retailers are in Districts 2 and 4
1) Type of Retailer
Policy Discussion
Community
Input
HWAC Advisory
Recommendation
No specific
comments were
received from
community
members
limiting
retailer types
selling
products.
Focus on the
actors".
Commission noted
the City’s
in tobacco
recommended
prohibiting
pharmacies from
selling tobacco
products.
Policy Options
Consider amendments to CVMC
5.56 – Tobacco Retailer
Permit Requirements to:
• Prohibit pharmacies (4)
from obtaining a Tobacco
Retailer Permit.
• Consider restricting smoke
shops (19) as permitted
tobacco retailers due to
higher violation rates
identified during compliance
inspections.
2) Caps on Permit Issuance
Policy Discussion
Community Input HWAC Advisory
Recommendation
Concerns were raised about the
concentration of tobacco retailers
certain areas of the City,
western Chula Vista.
Should consider future growth.
HWAC did not take a
position and deferred
to City Council
regarding potential
permit caps by
Council District or
retailer density.
Council District or Geography
Population
(Based on estimated City population of 280,000)
1 per 5,000
= appr. 56
1 per 2,500
= appr. 112
Policy Options
Consider establishing
a maximum number
of tobacco retailer
permits citywide or
by
geographic area based
on
population thresholds
or Council District
boundaries.
Consider regulations
to establish permit
caps and
issuance criteria.
3) Permit Proximity
Policy Discussion
Community Input HWAC Advisory
Recommendation
Community members raised
concerns about the
of tobacco retailers in
Chula Vista.
Consider future growth
and tourism.
Prohibit new tobacco
retailer permits within
1,000 feet of another
permit.
Apply the restriction to
new permits and existing
permits seeking
relocation, while
providing a legacy
exemption to existing
retailers currently
operating within the
1,000-foot buffer.
Allow permit transfer to
new qualified applicants
Policy Options
Consider establishing
minimum
distance requirements
between tobacco
retailers.
4) Buffer Sensitive Locations
Policy Discussion
Community Input HWAC Advisory Recommendation
Community members raised
concerns about proximity
schools, parks, and
other youth-serving
locations.
Consider legacy
businesses that existed
prior to sensitive
location.
Prohibit new tobacco
retailer permits within
1,000 feet of sensitive
locations (schools grades K–
12, parks, and major transit
stops).
Apply the restriction to new
permits and existing permits
seeking relocation,
while providing a
legacy exemption
to existing retailers
currently operating within
the 1,000-foot buffer.
Allow permit transfer to new
Policy Options
Consider establishing
minimum distance
requirements around
sensitive locations.
Should restrictions
apply to existing
businesses?
3) Permit Proximity & 4) Buffer Sensitive Locations
Impact in Reducing Permits
66 Existin
g
Permits
5) Transfer of Retail Permits
Current Law Community Input HWAC Advisory
Recommendation
CVMC 5.56.060 –
Permits
Nontransferable
Retailers
interest in a
to sell their
with assurance
a potential
could qualify
tobacco
permit.
Establish a
conditional
process
prospective
to obtain
for a tobacco
retailer permit
to business
ownership
City Improvements &
Policy Options
Guidance for business owners on
the City website regarding the
tobacco retailer permit
process.
Consider amendments to CVMC
5.56.060 – Permits
Nontransferable to allow a
conditional permit approval
process for prospective buyers.
Determine if existing
businesses should have a legacy
Direction from City Council:
Potential Amendments to
CVMC 5.56 - Tobacco Retailer
New Policy Areas for Discussion
1) Restrict type of retailers
2) Set issuance caps
3) Limit permit proximity
4) Buffer sensitive locations
5) Establish conditional
transfers
Backup
Slides..
Public Health Considerations
• Tobacco use remains the leading cause of preventable death in the U.S.
U.S.
• Over 490,000 deaths annually linked to smoking and secondhand smoke. • Nearly 90% of smokers begin before age 18.
Access and Violations
• Community….
• Business…
• 62% of full compliance inspections in 2025 yielded major violations.
CVMC 5.56 Implementation Challenges
• Narrow scope of authority.
• Evolving tobacco industry.
• Ability to enforce locally and appropriately for offense. • Confusion over state v. city laws.
Reasons to
Strengthen
CVMC 5.56
Required Licenses / Permits
License/Permit
Required
California Department of Tax and
Fee Administration (CDTFA)
Chula Vista Tobacco Retailer Permit
(CVMC 5.56)
Chula Vista Business
License
Initial & Annual
Renewal Fee
$265 (Prior to July 1, 2026)
$450 (after July 1, 2026)
$322 5 or less employees $25.00
$25.00
More than 5 employees
$52.50
Inspection
Frequency
Approximately 1-3 years or
more frequent w/ violations
Within 24 months or
more frequent w/ violations
N/A
Inspection Items • CDTFA license
• Supporting purchase/sales invoices for
for inventory
• Valid California tax stamps affixed
• Excise tax was paid on inventory
• State License, City Permit & City Business
License
• Proper signage (underage tobacco warning
warning signs)
• Employees over 18
• No single cigs or cigs sold in packs less than 20
N/A
Flavored Tobacco
Products
Unflavored Tobacco List (UTL) identifies
specific products that have no characterizing
characterizing flavor and are prohibited.
Prohibits any tobacco product with a taste or smell
smell other than tobacco (e.g., fruit, mint, menthol,
menthol, candy, dessert, alcohol, herbs, spices).
N/A
Compliance
Current Law Community
Input
HWAC Advisory
Recommendation
CVCM 5.56.100
Tobacco
shall be
least once
months to
compliance with
tobacco
permit
Community
members and
retailers
expressed
confusion
regarding
state
inspections
versus local
compliance
inspections
and the roles
of different
enforcement
agencies.
Retain the current
inspection frequency of
one inspection every 24
months, unless
violations are
identified.
Consider expanding
compliance inspections
to additional City
departments to support
enforcement efforts.
City Improvements &
Staff Recommendations
Additional resources
considered for SIU to
administration.
• Authorize other
to assist with
• Consider requiring
review before renewal
than automatic renewal
Administrative Citations
Current Law Community Input HWAC Advisory
Recommendation
CVMC 1.41.100 -
Administrative citatio
Progressive within
12-month period:
Community members
expressed that
financial
penalties should
act aa
a meaningful
deterrent,
particularly for
repeat violators.
Expressed 60
months is too
long.
Increase
penalties for
violations
while retaining
the cumulative
timeframe at 60
months$100
$200
$500
+
Staff Recommendations
Consider amendments to
establish higher
administrative fines
for tobacco-related
violations,
particularly for
repeat or serious
violations.
Explore setting a
maximum cap with
flexibility based on
the severity of the
violation.
Civil Penalties
Current Law Community Input HWAC Advisory
Recommendation
CVMC 5.56.120 –
Violations and
Penalties
Violations of the
Tobacco Retailer
Permit ordinance
may result in
civil penalties of
up to $2,500 for
each and every
offense, in
addition to permit
suspension or
revocation.
Interest in
distinguishing
minor and major
violations
within the
penalty
structure.
Maintain the
civil penalty
and maximum
amounts.
Staff Recommendations
Consider amendments to
CVMC 5.56.120 – Violations
and Penalties to allow for
a more graduated penalty
structure that
distinguishes between
minor and major
violations.
Explore higher penalties
or enhanced enforcement
tools for repeat or long-
term violators who do not
respond to lower-level
interventions.
Suspension & Revocation
Current Law Community
Input
HWAC Advisory
Recommendation
CVMC 5.56.110
Violation
Escalation
Structure within
60-month period:
War
ning
90-
day Suspension
1-
year Suspension
Re
Stakeholders
expressed
interest in
ensuring the
violation
and penalty
structure is
consistent
with other
regulatory
programs and
provides
clear
accountabili
ty for
repeated
violations.
Reduce the cumulative
violation timeframe to 48
months and include one
warning before suspension
penalties.
Provide discretion to the
Police Chief to deny,
modify, suspend, or revoke
permits based on
violations, with the right
to request an
administrative hearing to
appeal the decision.
Clarify the types of
violations associated with
each enforcement penalty.
1 2
3 4
Staff
Recommendations
Consider amendments to
CVMC 5.56.110 –
Suspension or
Revocation of Permit
to:
• Clarify enforcement
authority for
violations by owners,
permittees, or
employees
• Allow the City to
impose conditions or
restrictions based on
violations
• Establish a clear
process for written
notice of violation and
intent to deny, modify,
Unflavored Tobacco List
Current Law Community
Input
HWAC Advisory
Recommendation
CVMC 5.56.095 -
Sale of Certain
Items Prohibited
Defines flavored
tobacco products
and prohibits
their sale in
accordance with
state law.
Community
members
expressed
interest in
aligning local
definitions
with state law
to reduce
confusion and
ensure
consistent
enforcement.
No formal
recommendation
adopted. The
Commission
City Council for
direction.
Staff Recommendations
Consider amendments to CVMC
5.56.095 – Sale of Certain
Prohibited to adopt the
Unflavored Tobacco List
Incorporating the UTL into
ordinance would allow local
enforcement authority rather
relying solely on state
Marketing to Youth
Current Law Community
Input
HWAC Advisory
Recommendation
CVMC 5.56.090
Windows
Some
retailers use
colorful or
highly
visible signag
e that may
appeal to
youth.
Further restrict
both outdoor and
window advertising
to reduce youth
exposure.
City Improvements &
Staff Recommendations
Consider amendments
to CVMC 5.56.090 – Tobacco
Retailer
Operating Requirements and
Prohibitions to address
street-facing and
window advertising. Options
may include limits on
advertising visibility,
youth-appealing imagery, or
window coverage.
Employee Training
Current Law Community Input HWAC Advisory
Recommendation
Tobacco
permit holder
signs a
of
acknowledging
compliance
tobacco sales
laws.
Retailers
interest in
employee
education and
tools to help
staff comply
tobacco sales
and prevent
violations.
Require employees who
tobacco products to
Statement of
acknowledging tobacco
laws and retailer
responsibilities.
Return to HWAC to
discuss employee
and training options.
City Improvements/
Policy Options
Consider amendments to
CVMC 5.56.090 – Tobacco
Retailer Operating
Requirements and
Prohibitions to require
employees who sell
tobacco products to sign
a Statement of
Understanding
acknowledging tobacco
sales laws and retailer
Tobacco Retailers in Proximity
500 ft & 1,000 ft Buffer Analysis
Tobacco Retailers Located Near Schools
500 ft & 1,000 ft Buffer Analysis
Tobacco Retailers Located Near Parks
500 ft & 1,000 ft Buffer Analysis
Tobacco Retailers Located Near Transit
500 ft & 1,000 ft Buffer Analysis