Tobacco Retailers are
required to:
Tobacco Sales
2022 Tobacco
Retailer Laws:
County of
Santa Clara It is illegal to:
• Sell tobacco products to anyone under the age of
21. “Tobacco product” includes: cigarettes, cigars,
little cigars or cigarillos, smokeless tobacco, hookah, electronic smoking devices with or without nicotine,
and any products for use with electronic smoking
devices (such as e-liquids with or without nicotine).
• Sell electronic cigarette products, such as
e-cigarettes, vape pens, tanks, and mods.
• Sell flavored tobacco products, including menthol
cigarettes, flavored cigars, flavored electronic
cigarettes, or e-liquids. Examples include fruit
flavors, candy flavors, alcohol flavors, and spice
flavors.
• Sell single cigarettes.
• Sell tobacco products through a self-service display
(an open display of tobacco products that is
accessible to the public without clerk assistance.)
• Sell tobacco products through a vending machine.
• Allow clerks under 21 years of age to sell tobacco
products.
• Give away free or low-cost cigarettes or smokeless
tobacco products, or coupons for such products.
• Check ID prior to selling tobacco products to any
person, regardless of appearance.
• Get a permit (also known as a license) to sell
tobacco products from both:
1. The California Department of Tax and Fee
Administration AND
2. The County of Santa Clara
Two permits are required for each retail location.
These two permits must be renewed each year and
displayed at the store.
Tobacco Retailer Permit
(Unincorporated Areas)
Tobacco Permit Eligibility
• Permits cannot be issued to a new tobacco retail
outlet within 1,000 feet of a school or within 500
feet of other tobacco retailers. Existing tobacco
retailers are allowed to continue operating in these
locations unless the retailer doesn’t renew the
permit on time or the business adds or changes
owners.
• Permits cannot be issued to a location with a
licensed pharmacy.
• Post a sign, at EACH register, saying that it’s illegal to sell tobacco products to anyone under age 21.
Free STAKE Act signs are available from the
California Department of Public Health:
https://bit.ly/3hiL6Sa
NOTE: The We Card sign provided by the tobacco
industry does not meet the state law requirements.
Smoking
• Smoke or use electronic smoking devices in retail
outlets or within 30 feet of doorways, windows,
openings or vents.
Advertising
• Cover more than 15% of windows and clear doors
with advertising or signs of any sort.
Attachment 4
Retailers who sell tobacco without a permit/license or who violate any local, state, or federal tobacco control laws are subject to the following penalties:
1st Violation 2nd Violation
Within 5 Years
Each Additional
Violation Within
5 Years
Tobacco Sales
Violations for
Permitted
Retailers
No permit for up to
30 days
Fine up to $1,000
No permit for 180
days
Fine up to $2,500
Permit is permanently
revoked
Fine up to $5,000
Tobacco Sales
Violations for
Unpermitted
Retailers
Ineligible for a
permit for 30 days
Fine up to $2,500
Ineligible for a permit
for 1 year
Fine up to $5,000
Permanently ineligible
for a permit
Fine up to $10,000
For additional information, please visit www.sccphd.org/tobaccofree or contact the Santa Clara County Tobacco-Free Communities Program at [email protected] or (408) 885-4456.
Santa Clara County Municipal Code, Chapter XXII, section B13-82; California Business & Professions Code Di- visions 8.5 and 8.6; California Health & Safety Code section 118950; California Penal Code sections 308, 308.2, 308.3; Code of Federal Regulations, Title 21, Part 1140.
References
Penalties
Additional Resources
Fact Sheet provided by the County of Santa Clara Public Health Department, Tobacco-Free Communities Program Last updated: 9/9/2022
As a condition of the tobacco permit, businesses must consent to inspection by the County of all areas and records; and comply with any impound or seizure order issued by the County.
Inspections
In addition to the penalties outlined in the table above, any businesses serving a suspension of their tobacco permit must post a County issued public notice at their business during the entire suspension period.