March 22, 2024
Dear Business Owner,
The City of Cupertino is reaching out to inform you about proposed changes to the City’s Tobacco Retailer Permit (TRP) Ordinance (CMC Ch. 5.50), which may impact your business.
The TRP program in Cupertino is currently enforced by Santa Clara County’s Public Health Department. This ordinance will take effect 30 days after the second reading at a City Council meeting. The second reading is tentatively scheduled for April 16.
Proposed changes to the TRP Ordinance currently under consideration, include, but are not limited to, the following:
1. Establish fines for each violation for retailers operating with a valid permit as follows:
• A fine not to exceed $1,000 for each first violation
• A fine not to exceed $2,500 for each second violation within a 5-year period • A fine not to exceed $5,000 for each third violation within a 5-year period
2. Establish fines for each violation for retailers operating without a valid permit as follows:
• A fine not to exceed $2,500 for each first violation and 30 days of permit ineligibility
• A fine not to exceed $5,000 for each second violation within a 5-year period and 1-year of permit ineligibility
• A fine not to exceed $10,000 for each third violation within a 5-year period and permanently ineligible for a permit
3. Establishment of an appeals process with the Office of the County Hearing Officer
The proposed changes will be considered at the April 3, 2024, City Council meeting. There will be an opportunity for public comment (in person or via Zoom) about the proposals during the meeting. Meeting materials for this topic, including the proposed ordinance, will be available at cupertino.org/agenda on Wednesday evening on March 27, 2024.
If you are unable to attend the meeting, you are welcome to share your feedback by contacting Astrid Robles, Senior Management Analyst, at (408) 777-3314 or [email protected].