2025-00889 Ordinance Revisions to Chapter 5.138 and 9.12 Article II of Sacramento City Code Relating to Tobacco Retailers — Law and Legislation Committee, March 17, 2026

City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00889 3/17/2026
Ordinance Revisions to Chapter 5.138 and 9.12 Article II of Sacramento City Code Relating to Tobacco Retailers
File ID: 2025-00889
Location: Citywide
Recommendation: 1) Review ordinance amendments to Chapter 5.138 of the City Code relating to Tobacco Retailers; 2) review ordinance amendments to Chapter 9.12 Article II of the City Code relating to Tobacco Retailers; and 3) pass a Motion forwarding the Ordinances to City Council for consideration.

Contact: Shawn Bartosh, Code Enforcement Manager, (916) 808-8673, [email protected]; Peter Lemos, Code and Housing Enforcement Chief, (916) 808- 8183, [email protected]; Community Development Department Presenter: Shawn Bartosh, Code Enforcement Manager, (916) 808-8673, [email protected], Community Development Department Attachments:
1-Description/Analysis
2-Ordinance 5.138 (Redline)
3-Ordinance 5.138 (Clean)
4-Ordinance 9.12 Article II (Redline)
5-Ordinance 9.12 Article II (Clean)
6-List of TRLs as of 2-16-26
7-Map of TRLs as of 2-16-26
8-Presentation - TRLB1
Description/Analysis
Issue Detail: On April 16, 2019, City Council adopted amendments to Title 5 of the City Code relating to tobacco retailing to strengthen regulations. The amendments, among many things, included a prohibition of flavored tobacco products and a distance requirement between tobacco retailers.

On August 27, 2019, the City Council amended Title 17 of the City Code to require a conditional use permit (CUP) from the Zoning Administrator (ZA) to retail tobacco for 1) all tobacco retailers with

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File ID: 2025-00889 3/17/2026
stores 15,000 square feet or less in size; and 2) tobacco retailers that are greater than 15,000 square feet in size if they devote more than 250 square feet of shelving space to tobacco products and associated tobacco products and paraphernalia.

The CUP process allows the decisionmaker to consider a variety of factors, including the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood. Big stores that are larger than 15,000 square feet in size and devote less than 250 square feet to tobacco products are allowed by right but would be denied a tobacco retailer license if another retailer existed within 1,000 feet.

The intent of the amendments in Title 5 and 17 was to reduce tobacco retailer density by reducing or eliminating inequities in the location and distribution of tobacco retailers. Inadvertently, staff was then unable to issue a tobacco retailer license to businesses that submitted a planning application and initiated the development process before the amendments went into effect because of the proximity requirement.

On October 27, 2020, City Council adopted three amendments to Chapter 5.138. The first amendment exempts a location from the proximity requirement if a planning entitlement application was submitted prior to January 1, 2020. The second amendment exempts a location from the proximity requirement if the licensee devoted no more than five percent of total shelf space to tobacco product and sold fresh fruits and vegetables, dairy products, meat, fish or poultry, and breads and cereals (the “healthy food exemption”). The third amendment allows a retailer to retain a tobacco license in the event a retailer closes for up to year, provided the closure is for renovation or construction. Prior to this amendment, a tobacco retail license could be revoked if a retailer ceased operating for more than 60 days, regardless of the reason.

On January 14, 2025, during a presentation to City Council to provide an update on the status of the tobacco ordinance exemptions, information was provided that in the period between December 1, 2020, and October 17, 2024, there was an increase of 71 new permits. Of these, 27 utilized the healthy food exemption to operate within the proximity of another permitted location and most were not located in areas without fresh food. City Council requested staff to return to the Law and Legislation Committee to remove the fresh food exemption for locations under 15,000 square feet, to make sure the permit fees cover the cost of the program, and to provide the number of locations in the unincorporated areas of Sacramento with their proximity to the City.

Following the passage of SB 1230 and AB 3218, several sections of the Business and Professions, Health and Safety, and Revenue and Taxation Codes have been amended. To ensure local compliance and clarity regarding retail tobacco licensing, corresponding amendments are now required for Title 5 and Title 9 of Sacramento Municipal Code.

Policy Considerations: The City of Sacramento’s 2040 General Plan encourages a healthy lifestyle

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File ID: 2025-00889 3/17/2026
for Sacramento residents to improve overall public health. Policy EJ-2.16 states that “The City should discourage the establishment of new drive-through restaurants, alcohol permits for off-site sales, and tobacco sales points near food deserts, schools, and pedestrian priority areas.” And EJ-A.7 states the City shall incorporate zoning controls that prohibit tobacco sales points near schools and other areas.

Economic Impacts: None.

Environmental Considerations: The subject of this report does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project under the California Environmental Quality Act (CEQA). (Public Resources Code sections 21065 and 21080 and CEQA Guidelines section 15378(b)(4).) No CEQA review is required.

CEQA Guidelines section 15060(c)(3).

Sustainability: There are no sustainability considerations applicable to amending City Code relating to tobacco retailers.

Commission/Committee Action: On January 14, 2025, staff presented to City Council a follow up on prior code modifications of Sections 5.138.040 and 5.138.060 of the Sacramento City Code relating to tobacco retailer licensing. The update was to assess the outcomes of the amended ordinance, which assisted the Council in determining whether the current program of tobacco retailer regulation is achieving the Council’s goals. The Council determined that some of the amendments did not have the desired outcome, and requested staff to review section 5.138, make suggested changes and bring the item to the Law and Legislation Committee to review the proposed amendments and forward it to the City Council.

Rationale for Recommendation: The proposed ordinance is consistent with General Plan policies to promote a safe and healthy lifestyle for residents of the City of Sacramento and with Council direction provided in January of 2025.

Financial Considerations: Not applicable.

Local Business Enterprise (LBE): Not applicable.

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ORDINANCE NO.

Adopted by the Sacramento City Council
[Date Adopted]

AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 5.138 OF THE SACRAMENTO CITY

CODE, RELATING TO TOBACCO RETAILERS

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

A. Section 5.138.010 of the Sacramento City Code is hereby amended as follows:

1. Subsection S is hereby deleted.

S. Neither federal nor California state laws restrict the sale of menthol cigarettes or flavored non-cigarette tobacco products, electronic smoking devices, or the solutions used in these devices.

2. Subsection T is hereby amended to read as follows:

S.T. The city has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by persons under 21 years of age; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to persons under 21 years of age; and in protecting youth and underserved populations from the harms of tobacco use.

3. Subsection U is hereby amended to read as follows:

T. U. California courts in Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697, have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law.

4. Subsection V is hereby amended to read as follows:

U. V. State law authorizes local tobacco retailer licensing laws to provide for the suspension or revocation of the local tobacco retailer license for any violation of a state tobacco control law (California Business & Professions Code § 22971.3).

5. Subsection W is hereby amended to read as follows:

V. W. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the city to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws.

B. Except as amended by subsection A above, all provisions of 5.138.010 remain unchanged and in full effect.

SECTION 2.

A. Section 5.138.030 of the Sacramento City Code is hereby amended as follows:

1. The definition of “characterizing flavor” is hereby amended to read as follows:
"Characterizing flavor" means a taste or aroma, distinguishable by an ordinary consumer during the consumption of a tobacco product, 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, sweet, or spice., or a cooling sensation.

2. The definition of “city manager” is hereby amended to read as follows:
"City manager" means the city manager of the city or his or her designee.

3. The definition of “constituent” is hereby added to read as follows:
“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

4. The definition of “flavored shisha tobacco product” is hereby added to read as follows:
“Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.

5. The definition of “hookah” is hereby added to read as follow:
“Hookah” means a type of waterpipe, used to smoke shisha tobacco products or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of hookah may include heads, stems, bowls, and hoses.

6. The definition of “nicotine” is hereby added to read as follows:
“Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic alkaloids and nicotine analogs.

7. The definition of “shisha tobacco product” is hereby added to read as follows:
“Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.

8. The definition of “tobacco product flavor enhancer” is hereby added to read as follows:
“Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.

B. Except as amended by subsection A above, all provisions of 5.138.030 remain unchanged and in full effect.

SECTION 3.

A. Subsection B of section 5.138.040 of the Sacramento City Code is hereby amended to read as follows:

B. No license shall issue, and no existing license shall be renewed, to authorize tobacco retailing within 1,000 feet of a tobacco retailer already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located. This section does not apply to:

1. A person who submitted a planning application to the Community Development Department before January 1, 2020, provided the application does not include a legislative change request pursuant to section 17.808.230, unless a corresponding conditional use permit was subsequently denied or the planning application was withdrawn.

2. A licensee that devotes no more than 5% of total shelf space to tobacco products and at least 10% of shelf space to all of the following: fresh or healthy food; fresh fruits and vegetables; juice and dairy products; meat, fish or poultry; and fresh baked goods, breads, and cereals. This subsection B.2 applies only to licenses that were effective on April 1, 2026, and continues only so long as the license is not revoked, does not expire, or is not renewed pursuant to section

5.138.060.

B. Except as amended by subsection A above, all provisions of 5.138.040 remain unchanged and in full effect.

SECTION 4.

Section 5.138.050 of the Sacramento City Code is hereby amended to read as follows:

5.138.050 Application procedure.

All applications for a license shall be submitted to the city manager in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. Each application must be accompanied by the required non-refundable license fee. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Every application shall be submitted on a form supplied by the city manager and shall contain the following information:

A. The name, address, and telephone number of each proprietor;

B. The business name, address, and telephone number of the fixed location for which a license is sought;

C. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation; and

D. Proof that the California Department of Tax and Fee Administration has issued a valid state tobacco retailer’s license that covers the location for which a license is sought, in addition to any other required or applicable licenses, permits, or certifications;

E. Proof of a valid city business operations tax certificate;

F. A signed affirmation by the proprietor of being informed of, and agreeing to abide by, the laws affecting tobacco retailer licenses; and
D. G. Such other information as the city manager deems necessary for the administration or enforcement of this chapter.

SECTION 5.

A. Section 5.138.060 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Upon the receipt of an application for a license and the applicable license fee, the city manager shall issue a license unless:

1. The application is incomplete or inaccurate;

2. The applicant owes the city a fee authorized by section 5.138.080 or an administrative penalty for either a violation of a provision of this chapter or a condition of its license issued pursuant to this chapter;

2. 3. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subparagraph shall not constitute a basis for denial of a license if either or both of the following apply:
a. The applicant provides the city with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction, b. It has been more than five years since the most recent license for that location was revoked;

3. 4. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, state, or federal law; or

4. 5. The city manager has information that the applicant or his or her agents or employees has violated any local, state or federal tobacco control law at the location for which the license or renewal of the license is sought within the preceding 30-day period.

2. Subsection C is hereby amended to read as follows:

C. Subject to Notwithstanding section 5.138.040.B, a tobacco retailer operating lawfully on January 1, 2020 that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:

1. The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);

2. The tobacco retailer is not closed for business or has not ceased tobacco retailing for more than 60 consecutive days. However, a tobacco retailer may be closed for business or may cease tobacco retailing for up to one year if the closure or cessation is due to new construction or renovation;

3. The tobacco retailer does not substantially change the business premises or business operation for the purpose of increasing the sale or display of tobacco products; and

4. The tobacco retailer retains the right to operate under all other applicable laws.

B. Except as amended by subsection A above, all provisions of 5.138.060 remain unchanged and in full effect.

SECTION 6.

Section 5.138.070 of the Sacramento City Code is hereby amended to read as follows:

5.138.070 Display of license.

Each license shall be prominently displayed in a publicly visible location at the licensed premises. No person shall act as a tobacco retailer unless the following are prominently displayed on the premises:

A. A valid license issued pursuant to this chapter;
B. A valid business operations tax certificate issued pursuant to title 3; and C. A valid tobacco retailer license issued by the state of California.

SECTION 7.

Section 5.138.090 of the Sacramento City Code is hereby amended to read as follows:

5.138.090 License nontransferable.

A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is sold, the new owner must obtain a new license for that location before acting as a tobacco retailer.

SECTION 8.

Section 5.138.100 of the Sacramento City Code is hereby amended to read as follows:

5.138.100 License violation.

The following constitute violations of a license issued under this chapter:

A. It is a violation of a license for a A licensee or his or her agents or employees to sells or offers for sale any flavored tobacco product. There is a rebuttable presumption that tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor. It is a rebuttable presumption that all tobacco products sold, stored, or displayed are intended for sale.

B. Failure to prominently display the license in a publicly visible location at the licensed premises.

C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter.

D. The failure of the licensee, or the licensee’s agents or employees to allow any peace officer, the city manager, or the city official authorized to enforce this code to conduct unscheduled inspections of the premises for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this code, at any time the business is open for business.

E. The licensee, its agents, or employees who are under the age of 21 sell tobacco or tobacco products.

F. The sale or storage of cannabis, cannabis products, or products bearing the universal cannabis symbol.

G.B. It is a The violation of a license for a licensee or his or her agents or employees to violate any local, state, or federal tobacco-related law.

SECTION 9.

Section 5.138.110 of the Sacramento City Code is hereby amended to read as follows:

5.138.110 Suspension or revocation of license.

A. In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section, if the city manager finds that the licensee or his or her agents or employees has or have violated any of the provisions of this chapter; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location.

1. Upon a finding by the city manager of a first license violation within any five-year period, the license shall be suspended for 30 days.

2. Upon a finding by the city manager of a second license violation within any five-year period, the license shall be suspended for 90 days.

3. Upon a finding by the city manager of a third license violation within any five-year period, the license shall be revoked.

B. Notwithstanding subsection 5.138.110.A, a license shall be revoked if the city manager finds that any or both of the following conditions exist:

1. One or more of the bases for denial of a license under subsection 5.138.060.A existed at the time the application was made or at any time before the license was issued.

2. The information contained in the license application, including supplemental information, if any, is found to be false in any material respect.

3. The licensee or their agents or employees fail to cease sales of tobacco, tobacco products, or tobacco paraphernalia or fail to remove products as prescribed in subsection D.

C. In the event the city manager suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation in the manner prescribed in subsection 5.138.060D. The notice shall contain:

1. A brief statement of the specific grounds for such suspension or revocation;

2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of section 5.138.120, to the city manager, within 10 calendar days of the date of service of the notice; and

3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all rights to an administrative appeal hearing, and the suspension or revocation will be final.

D. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products from the entire store and remove tobacco paraphernalia from public view at the address that appears on the suspended or revoked license.

SECTION 10.

A. Section 5.138.120 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Any applicant or licensee aggrieved by the decision of the city manager in denying, suspending, or revoking a license, may appeal the decision by submitting a written appeal to the city manager at the address provided in the notice within 10 calendar days from the date of service of the notice of denial, suspension, or revocation. The appeal must be accompanied by an appeal fee set by resolution of the city council. The written appeal shall contain:

1. 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 appellant;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Except as amended by subsection A above, all provisions of 5.138.120 remain unchanged and in full effect.

SECTION 11.

Section 5.138.160 of the Sacramento City Code is hereby amended to read as follows:

5.138.160 Enforcement.

A. In addition to any other remedy, any person violating any provision of this chapter shall be guilty of a misdemeanor for each day such violation continues.

B. Any violation of this chapter may be remedied by a civil action brought by the city attorney. The city may recover reasonable attorneys' fees and costs of suit in any civil action brought by the city attorney to remedy any violation of this chapter.

C. Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city.

E. Compliance with this chapter may be monitored by the city manager and any law enforcement officer, including but not limited to youth decoy operations. Compliance checks may be unannounced.

1. Inspections may be conducted during the normal business hours of the place to be entered.

2. Inspections may be at any place at which tobacco products are sold, produced, or stored or at any site where evidence of activities involving violations of this code or evasion of tobacco products tax and violations of Revenue and Taxation Code section 30165.1 may be discovered.

3. Inspections may be at any place where evidence of a violation of Health and Safety Code sections 104559.1 or 104599.5 may be discovered.

4. Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to section 5.138.110.

E. F. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to chapter 1.28 against any person violating any provision of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to chapter 1.28.

G. In addition to any other penalty under this chapter, a person who has engaged in tobacco retailing without a valid license shall be ineligible to apply for or be issued a license as follows:

1. No new license may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and

2. Each day a person engages in tobacco retailing without a valid tobacco retailer license shall constitute a separate violation.

ORDINANCE NO.

Adopted by the Sacramento City Council
[Date Adopted]

AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER

5.138 OF THE SACRAMENTO CITY CODE, RELATING TO TOBACCO

RETAILERS

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

A. Section 5.138.010 of the Sacramento City Code is hereby amended as follows:

1. Subsection S is hereby deleted.

2. Subsection T is hereby amended to read as follows:

S. The city has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by persons under 21 years of age; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to persons under 21 years of age; and in protecting youth and underserved populations from the harms of tobacco use.

3. Subsection U is hereby amended to read as follows:

T. California courts in Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697, have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law.

4. Subsection V is hereby amended to read as follows:

U. State law authorizes local tobacco retailer licensing laws to provide for the suspension or revocation of the local tobacco retailer license for any violation of a state tobacco control law (California Business & Professions Code § 22971.3).

5. Subsection W is hereby amended to read as follows:

V. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the city to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws.

B. Except as amended by subsection A above, all provisions of 5.138.010 remain unchanged and in full effect.

SECTION 2.

A. Section 5.138.030 of the Sacramento City Code is hereby amended as follows:

2. The definition of “city manager” is hereby amended to read as follows:
"City manager" means the city manager or designee.

Components of hookah may include heads, stems, bowls, and hoses.

B. Except as amended by subsection A above, all provisions of 5.138.030 remain unchanged and in full effect.

SECTION 3.

A. Subsection B of section 5.138.040 of the Sacramento City Code is hereby amended to read as follows:

B. Except as amended by subsection A above, all provisions of 5.138.040 remain unchanged and in full effect.

SECTION 4.

Section 5.138.050 of the Sacramento City Code is hereby amended to read as follows:

5.138.050 Application procedure.

A. The name, address, and telephone number of each proprietor;

B. The business name, address, and telephone number of the fixed location for which a license is sought;

E. Proof of a valid city business operations tax certificate;

F. A signed affirmation by the proprietor of being informed of, and agreeing to abide by, the laws affecting tobacco retailer licenses; and G. Such other information as the city manager deems necessary for the administration or enforcement of this chapter.

SECTION 5.

A. Section 5.138.060 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

A. Upon the receipt of an application for a license and the applicable license fee, the city manager shall issue a license unless:

1. The application is incomplete or inaccurate;

3. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subparagraph shall not constitute a basis for denial of a license if either or both of the following apply:
a. The applicant provides the city with documentation
demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction,
b. It has been more than five years since the most recent license for that location was revoked;

4. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, state, or federal law; or

5. The city manager has information that the applicant or his or her agents or employees has violated any local, state or federal tobacco control law at the location for which the license or renewal of the license is sought within the preceding 30-day period.

2. Subsection C is hereby amended to read as follows:

C. Subject to section 5.138.040.B, a tobacco retailer operating lawfully on January 1, 2020 that would otherwise be eligible for a license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:

1. The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);

3. The tobacco retailer does not substantially change the business premises or business operation for the purpose of increasing the sale or display of tobacco products; and

4. The tobacco retailer retains the right to operate under all other applicable laws.

B. Except as amended by subsection A above, all provisions of 5.138.060 remain unchanged and in full effect.

SECTION 6.

Section 5.138.070 of the Sacramento City Code is hereby amended to read as follows:

5.138.070 Display of license.

No person shall act as a tobacco retailer unless the following are prominently displayed on the premises:

SECTION 7.

Section 5.138.090 of the Sacramento City Code is hereby amended to read as follows:

5.138.090 License nontransferable.

SECTION 8.

Section 5.138.100 of the Sacramento City Code is hereby amended to read as follows:

5.138.100 License violation.

The following constitute violations of a license issued under this chapter:

A. A licensee or his or her agents or employees sells or offers for sale any flavored tobacco product. There is a rebuttable presumption that tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor. It is a rebuttable presumption that all tobacco products sold, stored, or displayed are intended for sale.

B. Failure to prominently display the license in a publicly visible location at the licensed premises.

C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter.

E. The licensee, its agents, or employees who are under the age of 21 sell tobacco or tobacco products.

F. The sale or storage of cannabis, cannabis products, or products bearing the universal cannabis symbol.

G. The violation of any local, state, or federal tobacco-related law.

SECTION 9.

Section 5.138.110 of the Sacramento City Code is hereby amended to read as follows:

5.138.110 Suspension or revocation of license.

1. Upon a finding by the city manager of a first license violation within any five-year period, the license shall be suspended for 30 days.

2. Upon a finding by the city manager of a second license violation within any five-year period, the license shall be suspended for 90 days.

3. Upon a finding by the city manager of a third license violation within any five-year period, the license shall be revoked.

B. Notwithstanding subsection A, a license shall be revoked if the city manager finds that any of the following conditions exist:

1. One or more of the bases for denial of a license under subsection A existed at the time the application was made or at any time before the license was issued.

2. The information contained in the license application, including supplemental information, if any, is found to be false in any material respect.

3. The licensee or their agents or employees fail to cease sales of tobacco, tobacco products, or tobacco paraphernalia or fail to remove products as prescribed in subsection D.

1. A brief statement of the specific grounds for such suspension or revocation;

SECTION 10.

A. Section 5.138.120 of the Sacramento City Code is hereby amended as follows:

1. Subsection A is hereby amended to read as follows:

The appeal must be accompanied by an appeal fee set by resolution of the city council.

The written appeal shall contain:

1. 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 appellant;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Except as amended by subsection A above, all provisions of 5.138.120 remain unchanged and in full effect.

SECTION 11.

Section 5.138.160 of the Sacramento City Code is hereby amended to read as follows:

5.138.160 Enforcement.

A. In addition to any other remedy, any person violating any provision of this chapter shall be guilty of a misdemeanor for each day such violation continues.

C. Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city.

E. Compliance with this chapter may be monitored by the city manager and any law enforcement officer, including but not limited to youth decoy operations.

Compliance checks may be unannounced.

1. Inspections may be conducted during the normal business hours of the place to be entered.

3. Inspections may be at any place where evidence of a violation of Health and Safety Code sections 104559.1 or 104599.5 may be discovered.

4. Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to section 5.138.110.

F. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to chapter 1.28 against any person violating any provision of this chapter.

Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to chapter 1.28.

G. In addition to any other penalty under this chapter, a person who has engaged in tobacco retailing without a valid license shall be ineligible to apply for or be issued a license as follows:

1. No new license may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and

2. Each day a person engages in tobacco retailing without a valid tobacco retailer license shall constitute a separate violation.

ORDINANCE NO.

Adopted by the Sacramento City Council
[Date Adopted]

AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 9.12 OF THE

SACRAMENTO CITY CODE, RELATING TO DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS.

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 9.12.070 of the Sacramento City Code is hereby amended to read as follows:

9.12.070 Purpose.

The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.

Howard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use, and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in out county.

Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day.

Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as eleven (11) years of age have experienced little or no difficulty in purchasing tobacco products.

Existing state law prohibits knowing distribution of tobacco products to persons under the age of 21 eighteen (18) years. The state law scheme does not cover all conduct involving distribution of tobacco to minors because a distributor can avoid prosecution for knowingly distributing to a minor by failing to obtain information about the recipient’s age. A local ordinance which makes unknowing distribution illegal an infraction will supplement existing state law, will not be inconsistent with existing state law, and will help achieve the important purpose of reducing the likelihood of minors obtaining tobacco products in the city.

SECTION 2.

A. Section 9.12.080 of the Sacramento City Code is hereby amended as follows:

1. The definition of “tobacco products” is hereby amended to read as follow:
"Tobacco products" mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. has the same meaning as in section 5.138.030.

2. The definition of “tobacco vending machine” is hereby amended to read as follows:
“Tobacco vending machine” means any electronic or mechanical device the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco products.

B. Except as amended by subsection A above, all provisions of section 9.12.080 remain unchanged and in full effect.

SECTION 3.

Section 9.12.090 of the Sacramento City Code is hereby amended to read as follows:

9.12.090 Distribution of tobacco products to persons under 21 minors prohibited.

A. Any person who, without knowledge of the tobacco product recipient’s minor’s age, distributes a tobacco product to a minor any person who is in fact under the age of 21 eighteen (18) years, is guilty of a misdemeanor infraction.

B. Any person who authorizes the installation or placement of a tobacco vending machine on premises which the person manages or controls and who permits or suffers, without knowledge of the minor’s age, any tobacco product to be distributed from such tobacco vending machine to a minor under the age of eighteen (18) years is guilty of an infraction.

SECTION 4.

Section 9.12.100 of the Sacramento City Code is hereby amended to read as follows:

9.12.100 Proof of age.

For the purpose of preventing the violation of section 9.12.090(A) or (B) of this chapter, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that they are he or she is over the age of 21 eighteen (18) years. of age or older.

SECTION 5.

Section 9.12.120 of the Sacramento City Code is hereby amended to read as follows:

9.12.120 Posting of signs required-Copies of ordinances to be provided.

A. Every person who distributes tobacco products within the city shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign in letters at least one inch high which states as follows:

It is unlawful to distribute tobacco products to any person under the age of 21 18 years.

It is unlawful for any person under the age of 21 18 years to purchase or receive tobacco products.

California Penal Code Section 308; Sacramento City Code Section 9.12.090.

B. Every tobacco vending machine owner shall affix and keep affixed to the front of each tobacco vending machine within the city a sign as described in subsection A of this section.

C. Every tobacco vending machine owner shall provide a copy of the ordinance codified in this chapter to the manager of every premises upon which such owner has a tobacco vending machine in place on the effective date of the ordinance codified in this chapter and to the manager of every premises upon which such owner installs or places, or causes to be installed or placed, a tobacco vending machine after the effective date of the ordinance codified in this chapter. (Prior code § 24.02.014) ORDINANCE NO.

Adopted by the Sacramento City Council
[Date Adopted]

AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 9.12 OF THE

SACRAMENTO CITY CODE, RELATING TO DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS.

BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Section 9.12.070 of the Sacramento City Code is hereby amended to read as follows:

9.12.070 Purpose.

The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.

Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day.

Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as 11 years of age have experienced little or no difficulty in purchasing tobacco products.

Existing state law prohibits knowing distribution of tobacco products to persons under the age of 21 years. The state law scheme does not cover all conduct involving distribution of tobacco to minors because a distributor can avoid prosecution for knowingly distributing to a minor by failing to obtain information about the recipient’s age. A local ordinance which makes unknowing distribution illegal will supplement existing state law, will not be inconsistent with existing state law, and will help achieve the important purpose of reducing the likelihood of minors obtaining tobacco products in the city.

SECTION 2.

A. Section 9.12.080 of the Sacramento City Code is hereby amended as follows:

1. The definition of “tobacco products” is hereby amended to read as follow:
"Tobacco products" has the same meaning as in section 5.138.030.

B. Except as amended by subsection A above, all provisions of section 9.12.080 remain unchanged and in full effect.

SECTION 3.

Section 9.12.090 of the Sacramento City Code is hereby amended to read as follows:

9.12.090 Distribution of tobacco products to persons under 21 prohibited.

Any person who, without knowledge of the tobacco product recipient’s age, distributes a tobacco product to any person under the age of 21 years, is guilty of a misdemeanor.

SECTION 4.

Section 9.12.100 of the Sacramento City Code is hereby amended to read as follows:

9.12.100 Proof of age.

For the purpose of preventing the violation of section 9.12.090 of this chapter, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that they are 21 years of age or older.

SECTION 5.

Section 9.12.120 of the Sacramento City Code is hereby amended to read as follows:

9.12.120 Posting of signs required-Copies of ordinances to be provided.

Every person who distributes tobacco products within the city shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign in letters at least one inch high which states as follows:

It is unlawful to distribute tobacco products to any person under the age of 21 years.

It is unlawful for any person under the age of 21 years to purchase or receive tobacco products.

California Penal Code Section 308; Sacramento City Code Section 9.12.090.

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JIMMY'S SOUL FOOD & HMONG

CUISINE
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DOLGEN CALIFORNIA, LLC

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CALVIN'S MARKET
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ELITE CAPITAL INVESTMENTS DBA

ONE STOP MARKET
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DBA CAMPUS SHELL 2270 FAIR OAKS BL 29503820010000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451399 12-012676 WELCO SUPERMARKET - 7040465 7100 FRUITRIDGE RD 2700520170000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451404 12-017652 7-ELEVEN #32836A - 7040006 5500 FLORIN PRKNS RD 6101730210000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451408 12-018402 LOTTERY LIQUOR - 7040578 8655 FOLSOM BL 7801800170000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451411 12-019930 JK FOOD LIQUOR AND WINE - 70405078321 FOLSOM BL 7901810100000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451431 15-004085 TALLAC BOTTLE SHOP 5994 14TH AV 2100510120000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451433 15-007741 COLLEGE TOWN BOTTLE SHOP 7690 LA RIVIERA DR 7900100330000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451434 15-010014 ROCKET #5435 2200 FAIR OAKS BL 29503810010000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451441 16-021588 H & S 44 5597 STOCKTON BLVD 2302210180000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451452 19-007589 GAWFCO ENTERPRISES, INC. DBA 65TH ST UNION 762893 65TH ST 1500310430000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451461 21-033180 KWIK SHOP MARKET 6230 FRUITRIDGE RD 2700320020000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451468 22-010262 BUDDY'S SUPERMARKET INC. 5984 14TH AVE 2100510110000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451479 23-000274 ELDER CREEK MARKET 7033 ELDER CREEK RD 3803500400000.00 Licensed 6 DEEMED CUP 9/26/2019 NA NA Open 5451481 23-043143 N & B FOOD MART 3907 STOCKTON BLVD 2100210010000.00 Licensed 6 DEEMED CUP 9/26/2019 NA NA Open 5451498 07-049193 CHOICE GAS STATION 7900 FRUITRIDGE RD 2700810400000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451511 11-013777 FAMILY MARKET 4310 73RD ST 2101810090000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451514 12-007600 WING WA SUPERMARKET - 7040469 6021 STOCKTON BL 3800110320000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451519 12-008197 COTTAGE MART - 7040139 2130 51ST ST 1101360250000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451529 12-009765 COLLEGE TOWN CHEVRON - 70401317901 COLLEGE TOWN DR 7900100240000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451533 12-009860 EXPRESS STOP - 7040168 3315 JULLIARD DR 7901620100000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451544 12-018243 PINTS N FIFTHS - 7040592 6432 STOCKTON BL 3902410200000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451557 13-006802 SMOKES, CIGARETTES AND SNACKS 7862 LA RIVIERA DR 7900100260000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451567 15-019559 FOLSOM VAPE & SMOKE 8399 FOLSOM BLVD #3B 7901630010000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451575 17-013667 CIGARETTES N CIGARS 5772 BROADWAY 1500610330000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451577 17-023933 99 PLUS MART 6665 STOCKTON BL STE 2 4000310290000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451583 18-028981 FOLSOM GAS MART 8461 FOLSOM BLVD 7901620110000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451586 19-000265 7-ELEVEN #18185D 5791 BROADWAY 1103010080000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451597 21-020524 KARGILL INVESTMENTS INC. DBA KARGILL ARCO ELDER CREEK8024 ELDER CREEK RD 4000640210000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451608 22-035216 FOODS CO #501 5330 STOCKTON BLVD 2202800310000.00 Licensed 6 Deemed CUP 9/26/2019 NA NA Open 5451609 22-039173 H & S ENERGY PRODUCTS, LLC #1101 8908 ELDER CREEK RD 6400330290000.00 Licensed 6 Z21-126 3/24/2022 NA NA Open 5451612 22-046380 CHRONICLE MARKET/ ARCO AMPM 5399 FRUITRIDGE RD 2202800150000.00 Licensed 6 DEEMED CUP 9/26/2019 NA NA Open 5451630 24-026054 DIAMOND GAS & MARKET #3 8331 FOLSOM BLVD 7901820010000.00 Licensed 6 DEEMED CUP 9/26/2019 NA NA Open 5451642 26-003935 7-ELEVEN 39155C ***HEALTHY FOODS***5550 S WATT AVE 6300530120000.00 Pending Review 6 Deemed CUP 9/26/2019 NA NA Pending 5451420 13-002369 GREENHAVEN LIQUORS - 7040205 6421 RIVERSIDE BL 3003300150000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451457 19-034095 V7 UMC INC DBA TOBACCO CITY 7485 RUSH RIVER DR #760 3109000610000.00 Licensed 7 DEEMED CUP 9/26/2019 NA NA Open 5451467 22-005616 M & K ROYAL SPIRITS INC 3211 RIVERSIDE BLVD 1203410440000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451477 22-042905 BROS LIQUOR INC***HEALTHY FOOD***7463 RUSH RIVER DR 730 3109000610000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451535 12-009897 DPSK, INC DBA GREENHAVEN SHELL #76316431 RIVERSIDE BLVD 3003300140000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451553 12-030256 S F SUPERMARKET - 7050018 4562 MACK RD 11707800020000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451560 13-022015 GREENHAVEN VAPE & SMOKE SHOP 261 FLORIN RD 3003300150000.00 Licensed 7 Deemed CUP 9/26/2019 NA NA Open 5451610 22-045682 CURTIS PARK MARKET 2703 24TH ST 1003520170000.00 Licensed 7 DEEMED CUP 9/26/2019 NA NA Open 5451615 23-015643 USA MINI MART *HEALTHY FOODS* 7385 GREENHAVEN DR 3100530190000.00 Licensed 7 DEEMED CUP 9/26/2019 NA NA Open 5451632 24-032482 EAGLE TRS 4 LLC, WESTIN SACRAMENTO4800 RIVERSIDE BLVD 1603600030000.00 Licensed 7 DEEMED CUP 4/25/2024 NA NA Open 5451386 12-009468 7-ELEVEN #2365-26598E - 7040008 5579 MACK RD 11801030010000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451391 12-009943 DISCOUNT CIGARETTES - 7040149 4587 MACK RD 11800620260000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451435 15-010015 ROCKET #7968 6500 MACK RD 11703300020000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451439 16-010762 SK YREKA INC DBA FLORIN FOOD AND GAS2460 FLORIN RD 4900210120000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451474 22-035228 FOODS CO #532 STORE 7421 W STOCKTON BLVD 11714600030000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451483 24-002536 BP PRODUCTS NORTH AMERICA DBA AMPM 71738105 DELTA SHORES CIR S 5301900290000.00 Licensed 8 Z22-041 4/28/2022 NA NA Open 5451489 24-038257 ARCO AMPM #7062 6240 Freeport Blvd 3500840400000.00 Licensed 8 Z23-047 6/27/2024 NA NA Open 5451501 08-089731 MACK ROAD SHELL 6490 MACK RD 11700120070000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451502 08-089736 GREENHAVEN SHELL 4050 FLORIN RD 4903700040000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451504 09-044354 THE SMOKE SHOP 7431 W STOCKTON BL SUITE #16011714600040000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451506 10-005379 MACK ROAD INC 6698 MACK RD 11703300010000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451508 10-028469 SAEED OIL COMPANY DBA CHEVRON 2390 FLORIN RD 4700120100000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451513 12-002644 SHELDON SHELL GAS STATION 7401 SHELDON RD 11702120530000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451518 12-008164 WALGREENS #05036 - 7040458 4495 MACK RD 11900700700000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451523 12-008645 CITY LIQUOR & FOOD - 7040127 7595 FRANKLIN BL 5000200210000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451539 12-010361 FOOD MAXX #464 - 7040180 3860 FLORIN RD 4903700080000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451550 12-029085 7-ELEVEN #14119F - 7050079 6591 WYNDHAM DR 11701700260000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451570 16-006379 FLORIN CIGARETTE MARKET 2314 FLORIN RD 4700120280000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451574 17-010566 TOBACCO AND MORE 2400 FLORIN RD SUITE B 4700130040000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451584 18-036122 HI & BUY 5625 MACK RD 11801030010000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451590 19-034075 RAJ MINI MART 1441 MEADOWVIEW RD #1064802500250000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451603 22-016818 PRESTO FOOD & LIQUOR 6625 VALLEY HI DR 11700120060000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451611 22-045796 FOOD STOP 7601 AMHERST ST 5201110010000.00 Licensed 8 Deemed CUP 9/26/2019 NA NA Open 5451622 23-045329 7 ELEVEN 42175A 1911 COSUMNES RIVER BLVD5301800280000.00 Licensed 8 Z21-098 1/20/2022 NA NA Open 5451633 24-041465 MEADOWVIEW CHEVRON 1481 MEADOWVIEW RD 4802500070000.00 Licensed 8 DEEMED CUP 9/26/2019 NA NA Open 5451634 24-042848 ERIC'S DONUTS ***HEALTHY FOODS***5669 MACK RD 11801030010000.00 Licensed 8 DEEMED CUP 9/26/2019 NA NA Open 5451628 24-025356 EXOTIC SMOKES 6221 MACK RD 11801030170000.00 Licensed DEEMED CUP 9/6/2016 NA NA Open ! !
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Engle Rd
M
orse Ave
Cottage Way
H St
Edison Ave
Land
ParkDr
Robertson Ave
M
etro
AirPkwy
San Juan Rd
Norris Ave
M
ission
Ave
S
LandPark
Dr
39th St
Riverside
Blvd
Auberry Dr
PocketRd
34th St
Pasadena Ave
Club Center Dr
14th Ave
GreenhavenDr
VintageParkDr
OakhollowDr
Myrtle Ave
WindbridgeDr
35th Ave
American River Dr
2nd Ave
Ford Rd
Thornhill Dr
Elsie Ave
North Ave
South Ave
Stevenson Ave
24th St
CarlsonDr
Northrop Ave
Vallejo Way
41st Ave
66th Ave
ElvasAve
58th St
La Riviera Dr
7th St
Marysville Blvd
T St
21st Ave
Bell St
Tallyho
Dr
Ehrhardt Ave
John Still Dr
Am
herst
St
Sierra Blvd
Carlin Ave
RioLindaBlvd
Gloria Dr
Valley Hi Dr
Irvin Way
29th
St
RosemontDr
NorthboroughDr
Pope Ave
Duckhorn
Dr
Dry Creek Rd
La Sierra
Dr
N Park Dr
K St
WRiver Dr
CalderaWay
FrontSt
Azevedo
Dr
University
Ave
Jacinto Ave
Lemon Hill Ave
W
2nd St
E St
N Freeway Blvd
S St
I St
20th St
Belvedere Ave
Fee Dr
G St
C St
Fair Oaks Blvd9th St
10th St
16th St
W Elkhorn Blvd
N St
L St
J St
El Camino Ave
Folsom Blvd
Del PasoBlvd
Stockton Blvd
Kiefer Blvd
Raley Blvd
5th St
Gerber Rd
Broadway
Elk Grove Florin Rd
Garden
Hwy
65th
StreetExpy
TruxelRd
P St
Franklin
Blvd
Fulton Ave
3rd St
Mack Rd
W
att Ave
Marconi Ave
Howe Ave
Arden Way
Del Paso Rd
Elder Creek Rd
Florin RdPower Inn Rd
Fruitridge Rd
Sheldon Rd
Cosumnes RiverBlvd
21st St
Q St
Center Pkwy
Richards Blvd
Ethan W
ay
59th St
Auburn Blvd
Eastern Ave
Bruceville
Rd
Power Line Rd
47th Ave
W St
HillsdaleBlvd
N12th St
Alta Arden Expy
X St
S
W
attAve
Roseville Rd
Calvine Rd
FreeportBlvd
Brown Rd
Caym
us
Dr
Elkhorn Blvd
Florin Perkins Rd
Bell Ave
Exposition Blvd
Main Ave
Madison Ave
Meadowview Rd
Don Julio Blvd
A St
Sims Rd
65thSt
French Rd
El Centro Rd
ECom
m
erce
W
ay
E
Stockton
Blvd
Natom
as
Blvd
N Market Blvd
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Legend
City Boundary
!( Tobacco Retailer (269)
!< Healthy Food Exemption (29)
Council District
District 1 - Total: 10; HFE: 0
District 2 - Total: 46; HFE: 9
District 3 - Total 34; HFE: 3
District 4 - Total 70; HFE: 5
District 5 - Total 42; HFE: 0
District 6 - Total 50; HFE: 5
District 7 - Total 28; HFE: 3
District 8 - Total 18; HFE: 4
Licensed Tobacco Retailer
as of 02-16-2026
DISCLAIMER:

All maps & data provided are subject to
Terms of Use identified in the City of
Sacramento Open Data Policy at
http://portal.cityofsacramento.org/opendata
0 1 2½
Miles
µ
02/17/2026
Total Licenses: 298
Title 5.138 Update - Tobacco Retailers
March 17, 2026
Community Development
Timeline
April 16, 2019 - Amendments to SCC 5.138 adopted which included a prohibition on flavored tobacco and a proximity requirement between retailers August 27, 2019 - Amendments adopted to title 17 requiring a Conditional Use Permit for most new tobacco retailers
October 27, 2020 - Amendments to SCC 5.138 adopted allowing for a “Healthy Foods” exemption, alleviating the proximity requirement January 14, 2025 - Update to City Council
March 17, 2026 – Recommendations to Law & Legislation committee

Tobacco Retailers as of 2/9/2026 – 298
• D1 - 10
• D2 - 46
• D3 - 34
• D4 - 70 (2 pending)
• D5 - 42 (2 pending)
• D6 - 50 (2 pending)
• D7 - 28
• D8 - 18
• Total- 298 (304 if
pending approved)
2/16/202612/1/2020
• D1 - 12
• D2 - 47
• D3 - 34
• D4 - 72
• D5 - 46
• D6 - 51
• D7 - 29
• D8 - 20
• Total- 311
10/17/2024
*Per the State of California – CA Dept of Tax and
Fee Administration there are 786 TRLs in Sacramento County as of 2/2/26
• Total -240
Total Tobacco Retailers (Since 12-1-2020)
240
311
298
0 50
100
150
200
250
300
350Total Number of Tobacco Retailers
12-1-2020 10-17-2024 2-9-2026

Tobacco Retailers
• An increase of 58 Tobacco Retail
Licenses since 12-1-2020
Total TRL’s Via Healthy
Foods Exemption
• D1 - 0
• D2 - 9
• D3 - 3
• D4 - 5
• D5 - 0
• D6 - 5
• D7 - 3
• D8 - 4
Smoke Shops as of 2/9/2026
• D1 - 3
• D2 - 5
• D3 - 7
• D4 - 10
• D5 - 5
• D6 - 8
• D7 - 4
• D8 - 1
• D1 - 0
• D2 - 1
• D3 - 0
• D4 - 3
• D5 - 2
• D6 - 1
• D7 - 0
• D8 - 1
Total - 46 Via Healthy Foods Exemption - 8
Recent State Law Update
SB 1230 and AB 3218 – Effective 1/1/25

1. Creates an “Unflavored Tobacco List” – Will create a state list of unflavored tobacco. If product is not on the list, it will be deemed a prohibited flavored tobacco. This list is published and active.

2. Stop non-FDA approved e-cigarettes from being added to the “Unflavored List” even if unflavored

3. Allows for confiscation of flavored tobacco products by law enforcement agency.

Recommendations for changes to the SCC
Based on Council feedback and CDD staff
recommendations, the following highlights summarize
notable proposed amendments to Sacramento City
Code Chapters 5.138 and 9.12.

Recommendations for changes to the SCC
• Healthy Food Exemption Sunset (Title 5)
Eliminates the Healthy Food Exemption for new tobacco retailers, while allowing existing qualifying retailers to retain the exemption so long as they remain continuously licensed and compliant. • Updated & Expanded Definitions (Titles 5 & 9)
Updated and added key definitions (e.g., nicotine, characterizing flavor, shisha, hookah, flavor enhancers) to improve clarity, consistency, and enforceability across both chapters. • Enhanced Inspection Authority (Title 5)
Clarifies that tobacco retailers may not deny, delay, or obstruct inspections; refusal constitutes a license violation subject to enforcement action.

Recommendations for changes to the SCC
• Clarified Flavored Tobacco Prohibition (Title 5)
Establishes that any flavored tobacco product stored or displayed anywhere on the premises is presumed available for sale, closing enforcement loopholes. • Youth Protections 21 and over (Title 9)
Updates City Code to reflect the State’s Tobacco 21 and over law by replacing outdated 18 and over language with 21 and over.

Concerns and Recommendations from
Stakeholders
Input and suggestions Tobacco Retailers
• Do not allow any new “Smoke Shops”
• Allow currently permitted license holders to be able to transfer their license during a sale • Banning the sale and distribution of Kratom Products and Nitrous Oxide • Exempt convenience stores that sell gas from proximity requirements City of Sacramento TRL Fees
A fee study was just completed which estimates the Community Development Department spends approximately $260,184 annually on tobacco licensing and routine inspections.

Current Fee vs. Fee Study Recommendation New TRL Fee Renewal TRL Fee Current $510 $470
Fee Study Recommendation $909 $759
Comparison to neighboring communities and
other Northern California judications
Area New TRL Fee Renewal TRL Fee Total # of TRLs
Sacramento County-
unincorporated
$521 + $438
Environmental/Enforcement
fees. Total $959
$424 + $438
Environmental/Enforcement
fees. Total $862
~150
City of Elk Grove $174 $125 41
City of Rancho Cordova $321 $321 57
City of Oakland $1,500 + $50 application fee $1,500 + $50 application fee 460 City of Vallejo $2,500 $542.76 71
City of Brentwood $2,201 $2,201 41
Alameda County $940 $940 60
Thank you
Shawn Bartosh
Code Enforcement
Manager

Law and Legislation CommitteeMarch 17, 2026

Law and Legislation Committee
March 17, 2026