Tobacco Retail License

On May 10, 2021, the Alhambra City Council approved an amendment to the Alhambra Municipal Code, adding Chapter 5.90 to establish a Tobacco Retail Licensing Program and prohibit the sale of flavored tobacco products.

Under Ordinance No. O2M21-4786, local merchants that are licensed to sell tobacco products by the California State Board of Equalization will be required to purchase an annual Alhambra Tobacco Retail Permit in order to sell tobacco products within Alhambra. The annual fee for the permit is $300. The Alhambra Tobacco Retail Permit application is available:

•    Online Application– View PDF Version

•    City Hall, Finance Department, 111 South First Street, Alhambra, CA 91801

REQUIREMENTS & SPECIFICATIONS

Under A.M.C. Ch. 5.90 include (but are not limited to):

•    Beginning January 1, 2022, each Tobacco Retailer must obtain and maintain a valid Tobacco Retailer’s License at each location where tobacco products are sold. (A.M.C. Ch. 5.90.020)

•    Each Tobacco Retailer Permit shall be prominently displayed in a publicly-visible location at the Permitted location. (A.M.C. Ch. 5.90.020)

•   Retail sales to persons younger than the minimum age under state law prohibited. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any tobacco products or tobacco paraphernalia to any person who is younger than the legal age, under state law, to purchase and possess tobacco products or tobacco paraphernalia. (A.M.C. Ch. 5.90.020) 

•    No Person who is younger than the minimum age established by state law for the purchase or possession of Tobacco Products shall engage in Tobacco Retailing. (A.M.C. Ch. 5.90.020)

•    Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining a valid, legal photo identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco products or tobacco paraphernalia. The tobacco retailer shall refuse sale of any tobacco products or tobacco paraphernalia to any person who appears to be under the age of 27 years, who fails to present valid, legal photo identification prior to the sale or transfer. (A.M.C. Ch. 5.90.020)

•    A tobacco retail license may be issued to authorize tobacco retailing at a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited and shall be considered a violation of this chapter .(A.M.C. Ch.5.90.120) 

•    No tobacco retailer/licensee or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units. (A.M.C. Ch. 5.90.120)

•   Tobacco retailing by means of a self-service display is prohibited, pursuant to state law. (A.M.C. Ch. 5.90.120)

•    It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Proprietor may rely on the issuance of a Permit as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. (A.M.C. Ch. 5.90.050)

•    Beginning July 1, 2022, the sale of flavored tobacco products is prohibited. (A.M.C. Ch. 5.90.030)

MONITORING & ENFORCEMENT

Under A.M.C. Ch. 5.90 include (but are not limited to):

•    The compliance of each Tobacco Retailer shall be monitored by the Finance Department and the City’s Code Enforcement Division. (A.M.C. Ch. 5.90.110)

•    Compliance checks shall be conducted so as to allow the Department to determine, at minimum, if the Tobacco Retailer is conducting business in a manner that complies with laws regulating youth access to Tobacco. (A.M.C. Ch. 5.90.110)

•    Violations may result in the suspension or revocation of the Tobacco Retail License. (A.M.C. Ch. 5.90.130)

•    In addition to other remedies provided by this Part or by other law, any violation of this Part may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (A.M.C. Ch. 5.90.150)

RESOURCES

•    Ordinance No. O2M21-4786

•    TRL License Application

•    Tobacco Retail License FAQs and FAQ PDF

•    If you have any questions, please contact the Code Enforcement Division at (626) 570-3230 or email code@cityofalhambra.org.