555 Washington Street
Planning Commission Red Bluff, CA 96080
(530) 527-2605
Staff Report
Adopted 4-0-1 as
File #: 2026-19 Agenda Date: 7/28/2026 Agenda #: 3.
TO: Planning Commissioners
FROM: Beth Lindauer, Community Development Director
SUBJECT:
CONSIDERATION OF THE RECOMMENDATION TO CITY COUNCIL OF A TOBACCO RETAILER
LICENSING ORDINANCE
RECOMMENDED COUNCIL ACTION:
Staff recommends that the Planning Commission adopt Resolution No. 2026-19 recommending that the City Council approve the proposed Tobacco Retail Licensing Ordinance.
SUMMARY:
While the State licenses tobacco retailers, enforcement of retail sales within individual communities is often limited. As a result, many California jurisdictions have adopted local Tobacco Retail Licensing (TRL) programs that complement, not replace, the State licensing system by providing local agencies with administrative tools to educate retailers, monitor compliance, and enforce existing tobacco laws. The proposed ordinance does not prohibit the lawful sale of tobacco products to adults, create new restrictions on legal purchasers, or establish new criminal offenses. Rather, it provides a local administrative framework to support compliance with existing State and federal laws designed to prevent the illegal sale of tobacco products to minors.
DISCUSSION:
Since the last Commission meeting, staff has continued evaluating the program and has completed several significant actions that were not available during the Commission's initial discussion.
Most notably, the City has:
• Submitted an application for the California Department of Justice Tobacco Grant Program; • Developed a collaborative enforcement strategy with the Red Bluff Police Department; • Obtained formal letters of support from the Tehama County District Attorney's Office; • Obtained letters of support from the Red Bluff Joint Union High School District and Red Bluff Union Elementary School District;
• Coordinated proposed enforcement activities among local agencies; and • Further evaluated the City's ability to implement the program using outside grant funding rather than relying solely upon local resources.
These additional efforts reinforce that the proposed ordinance is intended to serve as a collaborative youth protection initiative rather than simply establishing another permitting requirement.
PURPOSE OF THE ORDINANCE
The ordinance does not create new restrictions on responsible businesses; rather, it provides the City with limited local authority to educate retailers, monitor compliance with existing laws, and address repeated violations involving the sale of tobacco products to minors.
A local Tobacco Retail Licensing program allows the City to:
• Maintain an accurate inventory of tobacco retailers;
• Provide consistent education regarding changing State laws; City of Red Bluff Page 1 of 5 Printed on 7/24/2026
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File #: 2026-19 Agenda Date: 7/28/2026 Agenda #: 3.
Conduct compliance inspections;
• Coordinate enforcement with local law enforcement;
• Suspend or revoke permits for repeated violations; and • Encourage voluntary compliance before violations occur.
Rather than creating new laws, the ordinance provides local tools to enforce laws that already exist.
The proposed ordinance:
• Does not prohibit lawful tobacco sales.
• Does not regulate adult consumers.
• Does not create new criminal violations.
• Does not impose zoning restrictions on existing retailers.
COMMUNITY SUPPORT
Since the Planning Commission's initial review, numerous community organizations have formally expressed support for the City's efforts. Letters supporting the City's proposed tobacco enforcement initiative have been received from the Red Bluff Police Department, Tehama County District Attorney's Office, Red Bluff Joint Union High School District, and Red Bluff Union Elementary School District.
These organizations collectively recognize youth access to tobacco products and vaping devices as an ongoing community concern and support a coordinated enforcement and education program to reduce illegal sales to minors.
YOUTH TOBACCO USE REMAINS A SIGNIFICANT PUBLIC HEALTH CONCERN Although adult tobacco use is legal, preventing youth nicotine addiction remains a statewide public health priority.
Research consistently demonstrates:
• Nearly all adult tobacco users begin before age 21.
•E-cigarettes remain the most commonly used tobacco product among youth. • Flavored tobacco products continue to drive youth experimentation. • Nicotine exposure during adolescence increases the likelihood of lifelong addiction. • Supports California's existing efforts to reduce youth access by improving retailer education and local enforcement-not by restricting lawful adult purchases.
GRANT FUNDING REDUCES LOCAL COSTS
Following the Commission's initial discussion, the City submitted an application for funding through the California Department of Justice Tobacco Grant Program.
The grant specifically funds local enforcement activities intended to reduce illegal tobacco sales and marketing to minors through:
• Retailer education;
• Compliance inspections;
• Minor decoy operations;
• Shoulder tap operations;
• Enforcement officer training; and
• Multi-agency enforcement efforts.
If awarded, grant funding would significantly reduce implementation costs by supporting enforcement activities with State tobacco tax revenues rather than relying solely upon local General Fund resources.
STAFF ANALYSIS
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File #: 2026-19 Agenda Date: 7/28/2026 Agenda #: 3.
The proposed Tobacco Retail Licensing Ordinance represents a measured approach to protecting youth while supporting responsible local businesses. Rather than expanding government regulation, the ordinance provides the City with administrative tools to educate retailers, improve compliance with existing State laws, coordinate local enforcement efforts, and protect minors from unlawful access to tobacco products.
Since the Planning Commission's initial discussion, the City has strengthened the proposal through regional partnerships, pursuit of State grant funding, and formal support from local schools, law enforcement, and the District Attorney's Office. Collectively, these efforts demonstrate broad community support for an education- first, enforcement-focused program designed to reduce youth access to tobacco products while respecting the rights of lawful adult consumers and responsible retailers.
PERMIT FEES
Several Commissioners expressed concern regarding potential permit fees. The proposed ordinance does not establish a specific permit fee. Should the ordinance ultimately be adopted, any future fee would be considered separately by the City Council and would be limited to recovering the City's reasonable costs associated with administering the program. California law does not allow regulatory permit fees to exceed the reasonable cost of providing the service. Additionally, outside grant funding may substantially offset program implementation costs during the initial years of the program.
ENVIRONMENTAL IMPACT:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the commonsense exemption, because adoption of administrative licensing regulations will not result in a direct or reasonably foreseeable physical impact on the environment.
FISCAL IMPACT:
Implementation costs are anticipated to be partially or substantially offset through grant funding if awarded.
Future permit fees, if adopted by the City Council, would be limited to recovering reasonable administrative costs associated with operating the program and would not be intended to generate revenue.
ATTACHMENTS:
1. Exhibit A - Draft Ordinance
2. Exhibit B - Letters of Support & Commitment
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File #: 2026-19 Agenda Date: 7/28/2026 Agenda #: 3.
PLANNING COMMISSION RESOLUTION NO. 2026-19
A RESOLUTION OF THE RED BLUFF PLANNING COMMISSION REGARDING WHEREAS, the City of Red Bluff desires to promote responsible tobacco retailing practices and support compliance with applicable federal, state, and local tobacco laws; anc WHEREAS, the proposed Tobacco Retailer Permit Ordinance establishes local regulations governing the retail sale of tobacco products and tobacco paraphernalia within the City of Red Bluff; and WHEREAS, the proposed ordinance would require tobacco retailers operating within the city to obtain and maintain a Tobacco Retailer Permit for each fixed retail location; and WHEREAS, the proposed ordinance establishes operational requirements, compliance monitoring procedures, enforcement mechanisms, permit suspension and revocation procedures, and administrative penalties related to tobacco retailing activities; and WHEREAS, the Planning Commission has reviewed the proposed Tobacco Retailer Permit Ordinance, the staff report, and all public testimony and evidence presented during the original duly noticed public hearing held on May 26, 2026; and
WHEREAS, the Planning Commission finds that the proposed ordinance is consistent with the public health, safety, and welfare objectives of the City of Red Bluff; and WHEREAS, the Planning Commission further finds that adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b) (3), commonly referred to as the "common sense exemption," because it can be seen with certainty that the ordinance will not result in a direct or reasonably foreseeable physical change in the environment, and additionally may be categorically exempt pursuant to CEQA Guidelines Section 15308 relating to actions by regulatory agencies for protection of the environment.
NOW, THEREFORE, BE IT RESOLVED ON JULY 28, 2026 by the Planning Commission of the City of Red Bluff as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Planning Commission finds that the proposed Tobacco Retailer Permit Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment.
SECTION 3. The Planning Commission hereby recommends that the City Council adopt the proposed ordinance adding Article XXVIII, "Tobacco Retailer Permit," to Chapter 25 of the Red Bluff Municipal Code, substantially in the form presented to the Planning Commission.
NOW THEREFORE, BE IT RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF RED BLUFF:
The foregoing resolution was adopted at a regular meeting of the Planning Commission held on by the following vote:
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File #: 2026-19 Agenda Date: 7/28/2026 Agenda #: 3.
MOTION: Vice Chair Miranda
SECOND: Commissioner Yates
AYES: Commissioners Latourell, Miranda, Piffero, and Yates NOES: None
ABSENT OR NOT VOTING: Commissioner Quigley
ATTEST:
A Rice
Deputy City Clerk
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City of Red Bluff
CHAPTER 25
ARTICLE XXVIII - TOBACCO RETAILER PERMIT
SECTION:
25.255: Title
25.256: Purpose
25.257: Definitions
25.258: Requirements and prohibitions.
25.259: Limits On Eligibility for a Tobacco Retailer Permit
25.260: Tobacco Retailer Permit Application Procedure
25.261: Issuance of Tobacco Retailer Permit
25.262: Term and Renewal
25.263: Permits Nontransferable
25.264: Fee for Permit
25.265: Compliance Monitoring
25.266: Suspension and Revocation of Tobacco Retailer Permit; Imposition of Administrative Fine
25.267: Appeal of Director's Determination
25.268: New Permit After Revocation
25.269: Tobacco Retailing Without a Permit
25.270. Violations
25.271: No Conflict with Federal or State Law
25.272: Severability
§ 25.255 Title
This article may be referred to as the TOBACCO RETAILER PERMIT ORDINANCE of the city of Red Bluff.
§ 25.256: Purpose
In enacting this article, it is the intent of the city council to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that discourage the sale or distribution of tobacco and nicotine products to minors. There is no intent, however, to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. § 25.257 Definitions
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between 2 informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies, or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter, is not an arm 's-length transaction.
"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
"Flavored tobacco product" means any tobacco product that contains a constituent that imparts a characterizing flavor.
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. "Self-service display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. "Smoking." Refer to Section 9.04.170 for the definition. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, vaporizers and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
For the purpose of this chapter, electronic cigarette supplies are considered tobacco paraphernalia.
"Tobacco product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. For the purpose of this chapter, electronic cigarettes are considered a tobacco product. For the purposes of this title, tobacco products exclude products with a characterizing flavor. "Tobacco retailer" means any person who sells, offers for sale, or exchanges for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
§ 25.258. Requirements and prohibitions
A. Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer in the City of Red Bluff without first obtaining and maintaining a valid tobacco retailer's permit pursuant to this chapter for each location at which that activity is to occur.
Tobacco retailing without a valid tobacco retailer's permit is a nuisance as a matter of law.
Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a Permit is issued, it shall be a violation of this chapter for a permit, 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.
C. Display of Permit. Each tobacco retailer permit shall be prominently displayed in a publicly visible location at the permitted location.
D. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 30 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.
E. Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
F. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
G. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer permit, including, for example, a person whose permit has been revoked, shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promote the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
H. Compliance With State Mandated Sign Requirements: Tobacco retailers shall post and maintain all signage required by the California Labor Code, California Business And Professions Code, California Penal Code, and any other applicable federal, state, or local law.
§ 25.259. Limits on eligibility for a tobacco retailer permit No permit may authorize tobacco retailing at any location other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited. § 25.260. Tobacco Retailer Permit Application Procedure Application for a tobacco retailer's permit shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.
It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's permit.
No proprietor may rely on the issuance of a Permit as a determination by the City of Red Bluff that the proprietor has complied with all laws applicable to tobacco retailing. A permit or Permit issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked. All applications shall be submitted on a form supplied by the City of Red Bluff. A permitted tobacco retailer shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer's Permit within 10 business days of a change.
All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws' exemptions. § 25.261. Issuance Of Tobacco Retailer Permit
Upon the receipt of a complete application for a tobacco retailer's Permit and the Permit fee required by this chapter, the city shall issue a Permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.
B. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits the issuance of a Permit.
C. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code (e.g., zoning code, building code, and business license tax ordinance), or that is unlawful pursuant to any other law.
§ 25.262. Term and Renewal
Renewal of Permit. A tobacco retailer's Permit is invalid if the appropriate fee has not been timely paid in full or if the term of the Permit has expired. The term of a tobacco retailer Permit is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's Permit and submit the Permit fee no later than 30 days prior to the expiration of the term.
Expiration of Permit. A tobacco retailer's Permit that is not timely renewed shall expire at the end of its term. To renew a Permit not timely renewed pursuant to subsection A of this section, the proprietor must:
Submit the Permit fee and application renewal form; and Submit a signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the Permit expiration date and before the Permit is renewed.
§ 25.263. Permits nontransferable
A tobacco retailer's Permit may not be transferred from one person to another or from one location to another. A new tobacco retailer's Permit is required whenever a tobacco retail location changes proprietor(s).
Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location, and permit ineligibility periods shall continue to apply to a location unless:
The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
The new proprietors) provide the city with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. § 25.264. Fee for Permit
The fee to issue or to renew a tobacco retailer's permit shall be established from time to time by resolution of the city council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
§ 25.265. Compliance monitoring
Compliance checks shall be conducted to enable the city to determine, at a minimum, whether the tobacco retailer is complying with laws regulating youth access to tobacco.
When the department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing. §25.266. Suspension And Revocation of Tobacco Retailer Permit; Imposition Of Administrative Fine
A. Suspension Or Revocation; Administrative Fine: In addition to any other penalty authorized by law, a tobacco retailer permit shall be suspended or revoked and an administrative fine shall be assessed against the tobacco retailer in accordance with the procedures set forth in this section if it is determined that the permittee or his or her agent or employee has violated any of the conditions of the permit imposed pursuant to this article or any other local, state or federal law pertaining to the sale of tobacco products or tobacco paraphernalia to persons under twenty-one (21) years of age.
1. First Violation: Upon a determination by the department of a first permit violation within a sixty (60) month period, the permit shall be suspended for a period of thirty (30) calendar days and an administrative fine in the amount of five hundred dollars ($500.00) (or as otherwise set by resolution of the city council) shall be assessed against the tobacco retailer. The administrative fine shall be due and payable in full at the time that the suspension becomes effective.
2. Second Violation: Upon a determination by the department of a second permit violation within a sixty (60) month period, the permit shall be suspended for a period of ninety (90) calendar days and an administrative fine in the amount of one thousand dollars ($1,000.00) (or as otherwise set by resolution of the city council) shall be assessed against the tobacco retailer. The administrative fine shall be due and payable in full at the time that the suspension becomes effective.
3. Third Violation: Upon a determination by the department of a third permit violation within a sixty (60) month period, the permit shall be revoked, and an administrative fine in the amount of two thousand five hundred dollars ($2,500.00) (or as otherwise set by resolution of the city council) shall be assessed against the tobacco retailer. The administrative fine shall be due and payable in full at the time that the revocation becomes effective.
B. Revocation Of Permit Wrongly Issued: A tobacco retailer permit shall be revoked if the department determines that one or more of the bases for denial of a permit under subsection 5-2D-6A of this article existed at the time the application was made or at any time before the permit was issued. No administrative fine shall accompany the revocation of a permit that was wrongly issued.
C. Order Of Suspension/Revocation: Upon a determination by the department that the permittee or his or her agent or employee has violated any of the conditions of the permit imposed pursuant to this article, or any other local, state or federal law pertaining to the sale of tobacco products or tobacco paraphernalia to persons under the age of eighteen (18) years, the department shall serve a written order of suspension/revocation of tobacco retailer permit (hereinafter, "order of suspension/revocation") upon either: 1) the authorized agent either via personal service or via first class mail, postage prepaid to the address provided on the tobacco retailer permit application, or 2) if an authorized agent was not listed on the tobacco retailer permit application, to the permittee via personal service or via first class mail, postage prepaid to the business address.
1. The order of suspension/revocation shall provide, at a minimum, the following information:
a. The name of the permittee and tobacco retailer permit number; b. A brief statement of the specific ground(s) for the suspension or revocation; c. If applicable, the term of the suspension;
d. If applicable, the amount of any administrative fine being assessed; e. If applicable, the dates and terms of any prior suspensions and administrative fines within the preceding sixty (60) months;
f. The effective date of the suspension or revocation and the due date of the administrative fine;
g. If applicable, the date on which a permittee may apply for a new tobacco retailer permit after revocation;
h. The time frame and manner in which the permittee may contest the order of suspension/revocation as set forth in subsection D1 of this section; i. A statement that the failure of the permittee to contest the order of suspension/revocation will constitute a waiver of the permittee's right to administratively challenge the order of suspension/revocation, and the order of suspension/revocation shall be deemed a final and binding administrative decision; and
j. If applicable and in the possession of the department, copies of the following documents:
(1) Permittee's application for a tobacco retailer permit; (2) Permittee's tobacco retailer permit;
(3) Permittee's tobacco retailer's Permit (as issued by the state board of equalization); and
(4) Any law enforcement report, memorandum, and/or photograph submitted by the sheriff's department or other law enforcement agency relied upon by the department in support of the suspension or revocation.
These documents shall be redacted as required or permitted by law.
2. Service of the order of suspension/revocation shall be deemed to have been completed on the date on which the order of suspension/revocation is either personally delivered to the authorized agent or permittee or the date on which the order of suspension/revocation is deposited with the United States Postal Service.
3. Failure of an authorized agent or permittee to receive a properly addressed order of suspension/revocation shall not invalidate any of the proceedings pursuant to this article.
D. Contest Of Order Of Suspension/Revocation:
1. Any permittee whose permit has been suspended or revoked pursuant to the provisions of this article may contest the order of suspension/revocation by filing the department a written request to contest the order of suspension/revocation (including the imposition of the corresponding administrative fine) within ten (10) calendar days of the order of suspension/revocation. The written request must include, at a minimum, the following:
a. The name of the permittee, the address of the business property, and the tobacco retailer permit number that is subject to the order of suspension/revocation;
b. The date on which the order of suspension/revocation was issued; c. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the permittee;
d. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order of suspension/revocation should be reversed or otherwise set aside;
e. The signature of all proprietors who are contesting the order of suspension/revocation under penalty of perjury as to the contents of the request for appeal.
2. Notwithstanding title 1, chapter 4, "Administrative Citations", of this code or any other provision of this code, an administrative fine assessed against a tobacco retailer in conjunction with an order of suspension/revocation, the assessment of the administrative fine shall only be challenged as set forth in this section.
3. Upon receipt of such written request for a hearing, the department shall give not less than five (5) business days' written notice to the permittee to show cause at a time and place fixed in the notice why the tobacco retailer permit should not be suspended or revoked (as the case may be). The written notice of hearing shall be served upon the permittee in the same manner as the order of suspension/revocation.
4. Any order of suspension/revocation and any assessment of a corresponding administrative fine shall be stayed pending a director's determination upon the timely filing of a request for a hearing.
E. Administrative Review Hearing:
1. The director shall conduct the administrative review hearing at the designated time and place. The hearing is to be conducted informally, and formal rules of evidence do not apply. If a youth decoy participated in the underlying investigation, the youth decoy shall not be required to appear or to give testimony. At the hearing, the permittee shall have the burden of showing cause why the tobacco retailer permit should not be suspended or revoked, and the permittee shall be given an opportunity to present any evidence (testimonial, documentary, or otherwise) as it pertains to whether a ground for suspension or revocation exists. In determining whether a ground for suspension or revocation exists, the director shall not consider any evidence pertaining to "preventative measures" or "subsequent remedial measures" (e.g., employee training, the termination of employment of the agent/employee that committed the underlying violation, etc.).
2. Within thirty (30) calendar days of the conclusion of the administrative review hearing, the director shall serve the permittee with written notice of its determination as to whether the tobacco retailer permit shall be suspended or revoked (and the corresponding administrative fine shall be assessed). The written determination shall be served upon the permittee in the same manner as the order of suspension/revocation. If the director determines that the tobacco retailer permit shall be suspended or revoked, the written determination shall contain all of the information required pursuant to subsection C1 of this section. A written determination that the tobacco retailer permit shall be suspended or revoked shall also contain the time frame and manner in which the permittee may contest the director's determination as set forth in this article, and, a statement that the failure of the permittee to contest the director's determination will constitute a waiver of the permittee's right to administratively challenge the director's determination, and the director's determination to suspend or revoke the tobacco retailer permit shall be deemed a final and binding administrative decision.
§ 25.267 Appeal of Directors' determination
A. Request For Appeal: Any permittee who has been aggrieved by a director's determination to affirm an order of suspension/revocation and to suspend or revoke a tobacco retailer permit (and impose the corresponding administrative fine) may appeal the director's determination by submitting a written request for appeal to the city clerk within ten (10) calendar days of the director's written determination. The written request for appeal shall contain, at a minimum, the following:
1. The name of the permittee, the address of the business property, and the tobacco retailer permit number that is subject to the director's determination to suspend or revoke;
2. The date on which the director's determination was issued;
3. A statement as to all grounds for appeal in ordinary and concise language, together with any material facts claimed to support the contentions of the permittee (as only the matters and issues raised in the written request will be considered on appeal);
4. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the director's determination should be reversed or otherwise set aside;
5. The signature of all proprietors who are contesting the director's determination under penalty of perjury as to the contents of the request for appeal.
B. Staying Of Suspension/Revocation: A director's determination to suspend or revoke a tobacco retailer permit (and to pay the corresponding administrative fine) shall be stayed pending a determination of the city manager (or designee thereof) upon the timely filing of a written request for appeal.
C. Notice Of Appeal Hearing: Upon receipt of such written request for appeal, the city clerk shall give not less than five (5) business days' written notice to the permittee of the date and time of the appeal hearing. Service of the notice of appeal hearing shall be in the same manner as the order of suspension/revocation.
D. Appeal Hearing: At the time and place set for the appeal hearing, the city manager (or designee thereof) shall proceed to hear testimony and to receive evidence from the city, the permittee, and other competent persons respecting those matters or issues on appeal. Only those matters or issues specifically raised by the permittee in the written request for appeal shall be considered in the hearing of the appeal. The formal rules of evidence do not apply to this proceeding. If a youth decoy participated in the underlying investigation, the youth decoy shall not be required to appear or to give testimony. At the hearing, the permittee shall be given an opportunity to present any evidence (testimonial, documentary, or otherwise) as it pertains to whether a ground for suspension or revocation exists. In determining whether a ground for suspension or revocation exists, the director shall not consider any evidence pertaining to "preventative measures" or "subsequent remedial measures" (e.g., employee training, the termination of employment of the agent/employee that committed the underlying violation, etc.).
E. Decision On Appeal: If it is shown at the appeal hearing by a preponderance of the evidence that one or more bases exist to suspend or revoke the tobacco retailer permit, the city manager (or designee thereof) shall affirm the director's determination to suspend or revoke the permit and to impose the corresponding administrative fine.
The city manager shall cause to be served upon the permittee a written notice of decision that shall contain the city manager's determination as to whether the tobacco retailer permit shall be suspended or revoked, the corresponding administrative fine assessed, and the findings of fact supporting the determination. The written notice of decision shall further inform the appellant that the decision is a final decision and that the time for judicial review for the suspension or revocation is governed by California Code Of Civil Procedure section 1094.6 et seq., and that the time for judicial review for the imposition of the administrative fine is governed by Government Code section 53069.4(b). The notice of decision shall be served upon the appellant in the same manner as the order of suspension/revocation. A decision to affirm the director's determination to suspend or revoke a tobacco retailer permit shall become effective, and the permit shall be suspended or revoked, immediately upon service of the written notice of decision. The corresponding administrative fine shall be immediately due upon service of the written notice of decision.
§ 25.268 New permit after revocation
A. Notwithstanding any other provision of this article, no tobacco retailer's permit shall be issued to a tobacco retailer (or proprietor thereof) whose permit has previously been revoked pursuant to subsections of this article for a period of twelve (12) months from the date of the prior revocation.
B. Notwithstanding any other provision of this article, no tobacco retailer's permit shall be issued for any location where a tobacco retailer permit has previously been revoked pursuant to subsections of this article for a period of twelve (12) months from the date of the prior revocation, unless ownership of the business at the location has been transferred in an arm's length transaction.
C. The revocation of a tobacco retailer's permit pursuant to subsections of this article shall be without prejudice to the filing of a new tobacco retailer permit application.
Any such new application shall be reviewed in accordance with this article. § 25.269. Tobacco retailing without a permit
In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's Permit, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing Permit as follows:
After a first violation of this section, no new Permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until 30 days have passed from the date of the violation.
After a second violation of this section, no new Permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until 90 days have passed from the date of the violation.
After a third or subsequent violation of this section at a location, no new Permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's-length transaction) until 5 years have passed from the date of the violation.
§ 25.270. Violations
A. In addition to any other remedy, any person who causes, permits, aids, abets, suffers, or conceals a violation of any provision of this article, or who fails to comply with any obligation or requirement of this article, is guilty of a misdemeanor punishable in accordance with title 1, chapter 2 of this code.
B. Each violation of this article is hereby declared to be a public nuisance.
C. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
D. In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by administrative or civil action, including, but not limited to, civil injunction or other abatement action.
§ 25.271. No conflict with federal or state law
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law. § 25.272. Severability
If any provision, section, subsection, sentence, clause, phrase, or word of this Chapter 5.28, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the chapter. The city council hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.
City of Red Bluff
POLICE DEPARTMENT Diach (530) 527-3131
(530) 527-3131
Quintan Ortega (530) 527-3134
Chief of Police Administration (530) 527-8282
555 Washington St., Red Bluff, CA 96080 Investigations (530) 527-8282 FAX (530) 529-4768
June 2, 2026
California Department of Justice Division of
Administrative Services Office of Fiscal Services
Grant Services Branch Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 956816-0187
RE: Letter of Commitment and Collaboration for the City of Red Bluff Code Enforcement Department 2026/27 Tobacco Grant Proposal
To whom it may concern,
Please accept this letter as affirmation that our agency is aware of the Tobacco Grant proposal by the City of Red Bluff Code Enforcement Department. As a partner agency on this proposed project, we affirm our commitment to perform the activities designated for our agency and its staff.
The City of Red Bluff Police Department proudly supports the City's Code Enforcement Department in its pursuit of funding through the California Department of Justice Tobacco Grant Program. Illegal tobacco sales to underage individuals continue to present challenges for law enforcement agencies and community partners working to safeguard the health and well-being of local youth. The proposed grant would enhance the City's ability to identify and address unlawful retail practices, strengthen compliance with state tobacco laws, and provide additional resources to support coordinated enforcement efforts.
The Police Department recognizes the value of a collaborative approach to tobacco enforcement and is committed to working alongside Code Enforcement staff through joint investigations, operational support, information sharing, and other enforcement activities as appropriate. By leveraging the expertise and resources of multiple departments, the City will be better positioned to deter violations, hold non-compliant retailers accountable, and create a safer environment for young people and families. The Police Department fully supports this application and looks forward to contributing to the successful achievement of the program's objectives.
Sincerely,
Quintan Ortega
Quintan Ortega
Police Chief
City of Red Bluff
The City of Red Bluff is an Equal Opportunity Provider
Ve are committed to providing safe, compassionate, and trustworthy law enforcement by supporting one another, upholding the law witl Fairness, and building meaningful connections with the community we serve
TEHAMA A OUNTY Tehama County District Attorney
DESTRICT ATORNEY Matthew D. Rogers
BUREAU OF INVESTIGATION District Attorney
725 Jefferson Street, Red Bluff, California 96080 Jeffery Wing P.O. Box 949, Red Bluff, California 96080 Chief Investigator (530) 529-3590 | (530) 529-6724 (fax)
www.tehamada.org
June 10t, 2026
California Department of Justice Division of Administrative Services Office of Fiscal Services Grant Services
Branch Tobacco Grant Program
P.O Box 160187
Sacramento, CA 956816
RE: Letter of Support for the City of Red Bluff Code Enforcement Department To whom it may concern,
Please accept this letter as affirmation that our agency is aware of the Tobacco Grant Proposal by the City of Red Bluff Code Enforcement Department. As a partner agency on this proposed project, we affirm our commitment to perform the activities designated for our agency and its staff.
The Tehama County District Attorney's Office is pleased to support the City of Red Bluff, Code Enforcement Department in its application for funding through the California Department of Justice Tobacco Grant Program. The District Attorney's Office is committed to collaborating with the City of Red Bluff, Code Enforcement Department to strengthen enforcement and prosecution efforts aimed at reducing the illegal sale and marketing of tobacco products, including flavored tobacco to all ages and electronic smoking devices to minors and youth within the community of Red Bluff. Through information sharing, coordinated enforcement operations, retailer compliance and enforcement and prosecution of both state laws and local ordinances, our department will help the City of Red Bluff, support the grant programs objectives of promoting lawful tobacco retail practices and protecting public health.
The District Attorney's Office fully recognizes the importance of a multi-agency approach to tobacco enforcement and prosecution and is prepared to support the City of Red Bluff throughout the grant periods to ensure successful enforcement and prosecution of tobacco laws and promote community health and well-being.
Sincerely,
Brett McAllister
Investigative Lieutenant
Tehama County District Attorney Bureau of Investigation
RED BLUFF JOINT UNION HIGH SCHOOL DISTRICT
1525 DOUGLASS STREET • PO BOX 1507
RED BLUFF, CALIFORNIA • 96080-2599
(530) 529-8700 FAX (530) 529-8709
1897
TODD A. BROSE, SUPERINTENDENT
RBJUHSD
June 15, 2026
California Department of
Justice Division of
Administrative Services
Office of Fiscal Services
Grant Services
Branch Tobacco
Grant Program
P.O. Box 160187
Sacramento, CA 956816-0187
RE: Letter of Support for The City of Red Bluff 2026/27 Tobacco Grant Proposal To whom it may concern,
Please accept this letter as affirmation that our agency is aware of the Tobacco Grant proposal by the City of Red Bluff. As a partner agency on this proposed project, we affirm our commitment to perform the activities designated for our agency and its staff.
Sincerely,
Todd/A. Brose
Superintendent
BOARD OF TRUSTEES
ASHLEY FISHER BARBARA KLOTZ AMANDA EGGLESTON JAKE HICKOK KATIE MACKEY HARRIS The Red Bluff Joint Union High School District is an equal opportunity employer and does not discriminate on the basis of sexual orientation, gender, ethnic group identification, race, ancestry. national origin, religion, color, or mental or physical disability. (Title VI, Title IX, and Section 504 Vocational Rehabilitation)
EED BLUPE
RED BLUFF UNION ELEMENTARY SCHOOL DISTRICT
1755 Airport Blvd. ~ Red Bluff, CA 96080 ~ Bus: (530) 527-7200 ~ Fax: (530) 527-9308 www.rbuesd.org
Superintendent Assistant Superintendent
Cliff Curry Jennie Bachmeyer
06/09/2026
California Department of Justice
Division of Administrative Services
Office of Fiscal Services
Grant Services Branch
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 956816-0187
RE: Letter of Support for the City of Red Bluff 2026/27 Tobacco Grant Proposal To whom it may concern,
Please accept this letter as affirmation that our agency is aware of the Tobacco Grant proposal by the City of Red Bluff. As a partner agency on this proposed project, we affirm our commitment to perform the activities designated for our agency and its staff.
Sincerely,
cur
Cliff Curry
Superintendent
(530) 527-7200 x 5104
Bidwell Elementary 527-7171 Jackson Heights 527-7150
Metteer Elementary 527-9015 Vista Preparatory Academy 527-7840 SEAL Academy 840-2971
HED BLUFN
RED BLUFF UNION ELEMENTARY SCHOOL DISTRICT
UNION DISTRIS 1755 Airport Blvd. ~ Red Bluff, CA 96080 ~ Bus: (530) 527-7200 ~ Fax: (530) 527-9308 SCHrooL www.rbuesd.org
Superimendent Assistant Superintendent
Cliff Curry Jennie Bachmeyer
Bidwell Elementary 527-7171 Jackson Heights 527-7150
Metteer Elementary 527-9015 Vista Preparatory Academy 527-7840 SEAL Academy 840-2971