Chapter 5.68 TOBACCO RETAILER LICENSE

The purpose of this chapter is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users; by discouraging actions that promote the unlawful sale of tobacco products to minors; and by encouraging responsible tobacco retailing, but not 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. [Ord. 25-1530 § 16, 2025; Ord. 1157 § 3, 1999.]

5.68.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:

A. “Advertising display sign” means a sign, signboard, billboard, poster, freestanding sign, balloon, pennant, or banner, that is temporarily or permanently placed on or affixed to the ground, the sidewalk, a pole or post, a fence, or a building, or is displayed in the windows or doors of a commercial establishment, and that is used to advertise or promote products.

B. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and includes products known as or labeled little cigars, small cigars or cigarillos.

C. “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

D. “City manager” means the city of Pittsburg city manager or their designee.

E. “Compliance checks” means systems the director uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the director or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

F. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

G. “Director” means the individual designated by the city manager in writing to administer this chapter, who may be the city’s health officer, a city department head, or other city staff person.

H. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

I. “Flavored tobacco product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.

J. “Full retail price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

K. “Little cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four and one-half pounds per thousand. “Little cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

L. “Mobile billboard” means any sign, placard, billboard, or other display advertisement upon or affixed to a vehicle which is used primarily to advertise a product illegal to sell to minors, when the supporting vehicle or trailer is parked within a public right-of-way or on private property and visible to the public for a duration of time and in a manner which clearly indicates that the sign is for advertising products illegal to sell to minors or which carry a specific brand name, logo, indicia of a product illegal to sell to minors. For the purposes of this division, mobile billboard shall not include any advertisement on the side of a van, truck, or other vehicle which is primarily used for the transportation of goods or products.

M. “Person” means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.

N. “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 percent 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 has or shares ultimate control over the day-to-day operations of a business.

O. “Promote” or “promotion” means a display of any logo, brand name, character, graphics, colors, scenes, designs, or recognizable color or pattern of colors, or any other indicia or product identification with, or similar to, or identifiable with, those used for any particular brand of tobacco product.

P. “Publicly visible location” means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare.

Q. “Sale” or “sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

R. “Self-service display” means the open display or storage of tobacco products 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 face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

S. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.

T. “Tobacco product” means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. Any component, part, or accessory of subsection (1) or (2) of this definition, whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

“Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

U. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange, for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; “tobacco retailing” means the doing of any of these things. [Ord. 25-1530 § 17, 2025; Ord. 1157 § 3, 1999.]

5.68.030 Guidelines.

The city manager may develop guidelines, as appropriate, to ensure implementation of this chapter. [Ord. 1157 § 3, 1999.]

Article II. License Requirements

5.68.040 License requirements generally.

A. Tobacco Retailer’s License Required. It is unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer’s license issued by the city of Pittsburg for each location at which tobacco retailing is to occur after January 1, 2026. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this article for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter other than a “private smokers’ lounge” as specified in PMC 8.20.070(B). Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this article.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least 21 years of age.

G. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

H. On-Site Sales. All sales of tobacco products shall be conducted in person in the licensed location. It shall be a violation of this article for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.

I. Sale of Electronic Smoking Devices Prohibited. It shall be unlawful for any tobacco retailers to sell, offer for sale, or possess with intent to sell or offer for sale, any electronic smoking device. This subsection shall not apply to tobacco retailers who have lawfully commenced operation prior to January 1, 2026.

J. Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product except as provided within California Health and Safety Code Section 104559.5(c), (d), and (e). A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

K. The tobacco retailer’s license shall not impose any additional restrictions on sale of any tobacco product by any tobacco retailer legally operating on or before December 31, 2025; provided, however, all businesses shall be required to adhere to state and federal laws as applicable. [Ord. 25-1530 § 18, 2025; Ord. 1157 § 3, 1999.]

5.68.050 Enforcement of state law.

If a clerk or employee sells a tobacco product to a minor, the retailer shall immediately notify the chief of police of the violation of Penal Code Section 308 for enforcement under that statute. [Ord. 1157 § 3, 1999.]

5.68.060 Application procedure.

An application for a tobacco retailer’s license shall be submitted in the name of the retailer, individual or entity, who proposes to conduct retail tobacco sales on the business premises, and shall be signed by such retailer, individual or entity or agent with written authority to act for same. All applications shall be submitted on a form supplied by the director, or his or her designee, and shall contain the following information:

A. The name, address, and telephone number of the applicant;

B. The business name, address, and telephone number of each establishment where tobacco is to be sold;

C. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products;

D. Whether or not the retailer, individual or entity has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years; and

E. Any other information as the city manager determines is necessary for implementation of this article. [Ord. 25-1530 § 19, 2025; Ord. 1157 § 3, 1999.]

5.68.070 License issuance or denial.

Upon receipt of a completed application for a tobacco retailer’s license, including payment of the license fee, the city manager, or designee, may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.

The city manager may deny an application for a tobacco retailer’s license based on any of the following:

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 at a location for which this chapter prohibits a licensed to be issued;

C. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued;

D. The applicant has previously been found by the city to have violated city, state, or federal laws related to the sale of tobacco products;

E. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this code, or that is unlawful pursuant to any other law; or

F. Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products. [Ord. 25-1530 § 20, 2025; Ord. 1157 § 3, 1999.]

5.68.080 Fees for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the city council pursuant to state law. [Ord. 25-1530 § 21, 2025; Ord. 1157 § 3, 1999.]

5.68.090 License nontransferable.

The tobacco retailer’s license is nontransferable, except as provided within PMC 5.68.115(G). If there is a change in location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The new license will retain the same expiration date as the previous license. [Ord. 25-1530 § 22, 2025; Ord. 1157 § 3, 1999.]

5.68.100 Suspension and revocation of license.

A. Any business found to operate in violation of city, state, or federal laws or regulations may be subject to immediate suspension or revocation of a tobacco retailer’s license. Any suspension of license shall be determined by the city manager in their sole discretion.

B. Appeal of Suspension or Revocation. The decision of the director to suspend a tobacco retailer’s license may be appealed via written request to the city manager as provided in Chapter 1.08 PMC. [Ord. 25-1530 § 23, 2025; Ord. 1157 § 3, 1999.]

5.68.110 Administrative fine.

A. Grounds for Fine. If the director, after giving notice and an opportunity to be heard to the person who is the owner of a tobacco retail establishment, finds that such person is required to have a tobacco retailer’s license and does not have a valid tobacco retailer’s license and is selling or offering tobacco products for sale, the owner of the retail establishment may be subject to an administrative fine, as permitted under Government Code Section 53069.4, or applicable city ordinance, as follows:

1. Up to a maximum $100.00 for a first violation;

2. Up to a maximum $200.00 for a second violation within one year;

3. Up to a maximum $500.00 for the third and subsequent violations within one year.

Each day that tobacco products are offered for sale without a license by a tobacco retailer required to have such a license pursuant to PMC 5.68.040 shall constitute a separate violation as set forth in PMC 1.12.040. A finding of “offering for sale” will be made if tobacco products are actually sold and/or displayed in the retail establishment.

B. Fine Procedures. Notice of the fine shall be served on the tobacco retailer or person who is the owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the city manager contesting the imposition of the fine. The hearing must be requested within 10 days of the date of the notice of the fine.

C. Appeal to Municipal Court. Any fine imposed by the director may be appealed to the municipal court.

D. Failure to Pay Fine. If the fine is not paid within 30 days from the date of mailing the notice of the fine or of the notice of determination of the director after the hearing, the fine shall be referred to the city of Pittsburg finance department. In addition, any outstanding fines must be paid prior to the issuance of any license by the director. [Ord. 1157 § 3, 1999.]

5.68.115 Limits on eligibility for a tobacco retailer license.

A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No license may issue to authorize tobacco retailing at a moveable place of business.

B. Licensed Cannabis Businesses. No license may be issued to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10 or by the city of Pittsburg.

C. Proximity to Youth-Oriented Facilities. No license may be issued to authorize tobacco retailing within 600 feet of an existing, legally established school (as defined by PMC 18.08.060(V)), general day care (as defined by PMC 18.08.060(F)), club or lodge (as defined by PMC 18.08.060(B)) used exclusively as a youth center, city-owned park space which is open to the public, religious assembly (as defined by PMC 18.08.060(T)) or library, as measured from the main entrance of the tobacco retailer to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, no license may issue to authorize tobacco retailing less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the tobacco retailer to the nearest parcel boundary of the other use.

D. Proximity to Other Tobacco and Cannabis Retailers. No license may be issued to authorize tobacco retailing within 500 feet of an existing tobacco or cannabis retailer location licensed pursuant to this title 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.

E. Grocery stores and drugstores shall be exempt from subsections (C) and (D) of this section.

F. The prohibitions contained in subsections (C) and (D) of this section shall not apply to any tobacco retailer operating lawfully on or prior to December 31, 2025. Any exemption granted to a tobacco retailer pursuant to subsection (C) or (D) of this section shall cease to apply if the retailer fails to timely renew the license pursuant to PMC 5.68.117.

G. Upon transfer of ownership of an existing establishment which has a current tobacco retailer license, a tobacco retailer license may be issued for use of a location in subsections (C) and (D) of this section if the business and/or location was retailing lawfully on or prior to December 31, 2025, and may be renewed thereafter unless it expires due to nonrenewal. [Ord. 25-1530 § 24, 2025.]

5.68.116 Compliance checks.

A. Compliance with this chapter shall be monitored by the city manager. In addition, the city may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours.

B. The police department may inspect each tobacco retailer at least one time per 12-month period to ensure compliance with this chapter.

C. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents. [Ord. 25-1530 § 25, 2025.]

5.68.117 License renewal and expiration.

A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than 30 days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to PMC 5.68.060. The city shall make a decision on any renewal application within 90 days, during which time the license shall remain valid. [Ord. 25-1530 § 26, 2025.]

5.68.118 Exceptions.

Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. [Ord. 25-1530 § 27, 2025.]

Article III. Restriction on Advertising of Tobacco Products

5.68.120 Restriction on advertising of tobacco products generally.

A. No person shall place or maintain, or cause or allow to be placed or maintained, in any manner any advertising or promotion of cigarettes or tobacco products on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of an elementary or secondary school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts).

B. Exceptions. Subsection (A) of this section shall not apply to advertising or promotions for tobacco products:

1. Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;

2. On vehicles, other than mobile billboards;

3. On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote any brand of tobacco product;

4. On billboard signs covered or exempted by voluntary agreements between the city and billboard companies in effect on the effective date of the ordinance codified in this chapter; or

5. On tobacco product packaging. [Ord. 1157 § 3, 1999.]

5.68.130 Sale and distribution of tobacco-related promotional items.

No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item (other than tobacco products) or service to a minor, which bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product. [Ord. 1157 § 3, 1999.]

5.68.140 Self-service displays.

Repealed by Ord. 25-1530. [Ord. 1157 § 3, 1999.]

5.68.145 Tobacco product pricing and packaging.

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. This subsection shall not apply to any approved business which exclusively sells cigar paraphernalia and cigars weighing more than four and one-half pounds per thousand.

B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. Distribution of Tobacco Samples. It is unlawful for any person to distribute free or nominally priced tobacco products.

D. Minimum Package Size for Cigars. No tobacco retailer shall sell:

1. Any cigar unless it is sold in a package of at least two cigars. This subsection shall not apply to: (a) a cigar that has a price of at least $10.00 per cigar, excluding all applicable taxes and fees, or (b) any approved business which exclusively sells cigar paraphernalia and cigars weighing more than four and one-half pounds per thousand. [Ord. 25-1530 § 29, 2025.]

5.68.150 Administration and implementation.

A. General. Except as otherwise provided, this article shall be administered by the city manager.

B. Violations.

1. The city manager will review and, if determined appropriate, act upon any written complaint submitted by any private citizen or city officer or employee concerning any advertising or promotion prohibited by this article in a timely manner. The city manager may serve written notice requiring correction of any violation of this article upon the person responsible for the advertising display sign or promotion or self-service display prohibited by this article. Any notice issued shall specify a date by which the violation shall be corrected.

2. Failure to correct specified violations after written notice has been served may result in enforcement by any remedy allowed by this code. If three notices requiring the correction of any violation of this article (whether the violation involves the same or different displays or promotions) are served on the same person within a 30-day period, an enforcement action may be initiated against that person without the serving of another notice, if the additional violation occurs within 90 days of the serving of the third notice.

3. Each separate display of tobacco advertising or promotion prohibited by this article shall be considered a separate violation.

4. For purposes of determining liability of persons, firms or corporations, controlling franchises or business operations in multiple locations, each individual franchise or business location shall be deemed a separate entity.

C. Intent as to Additional Legal Restrictions and Remedies. Nothing in this article is intended to alter the obligations or restrictions that apply to any person under any other law governing signs, billboards, tobacco advertising or any other matter covered by this article. The remedies set forth in this article are not exclusive. If any action prohibited by this article is also unlawful under any other law, the penalties and remedies under other laws may be pursued in addition to those provided in this article.

D. Disclaimers. By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations, prohibiting the distribution of tobacco-related promotional items and self-service displays of tobacco products, the city is only promoting the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money any person who claims that such breach proximately caused injury. [Ord. 1157 § 3, 1999.]