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Tobacco Retail License

The City's Tobacco Retail License (TRL) program and Tobacco Retail License Ordinance encourage the responsible sale of tobacco products and discourage violation of tobacco-related laws. Below are the requirements and resources to help tobacco retailers comply with laws. Top key requirements are:

  • A tobacco license is required to sell tobacco products. There are no exemptions. See license application below. 

  • Anyone purchasing tobacco products must show a valid ID proving they are at least 21 years old. If a retailer is found selling tobacco products to persons under age 21, they will be fined $2,500 for each violation. For repeated violations, the City may revoke the Tobacco Retail License and the retailer could no longer legally sell tobacco products.

  • You may be fined and/or have your tobacco license revoked if you sell prohibited products. Learn more below.

the Sale of flavored tobacco is banned

On September 28, 2021, the City Council amended the Tobacco Retail License Ordinance to:

  • Prohibit the sale of flavored tobacco and e-cigarettes, including menthol-flavored products, effective July 1, 2022. Sellers of the banned products may be fined up to $2,500 per day and/or have their tobacco license revoked.
  • Banned products. The ban applies to any tobacco products with an artificial flavor, natural flavor, aroma, herb or spice, including — but not limited to — cherry, chocolate, cinnamon, clove, cocoa, coconut, coffee, grape, licorice, menthol, mint, orange, pineapple, strawberry, vanilla, and other flavors. This includes products where such flavors characterize the smoke or vapor produced by the tobacco product.

  • Exempted products. Exemptions to the ban include Shisha, Hookah, and Premium Cigars
  • Prohibit new tobacco retailers within 500 feet of another tobacco retailer and within 1,000 feet of a youth sensitive use, effective November 19, 2021.

  • Remove exemptions for adults-only tobacco retailers, effective November 19, 2021.

View the Ordinance.

Tobacco Retail License (TRL)

State law allows local jurisdictions to develop and implement a Tobacco Retail License (TRL) program. San José Municipal Code Section 6.87 prohibits retailers from engaging in the sale of tobacco products and paraphernalia without first obtaining and maintaining a valid tobacco retail license. 

The state of California also requires a State Tobacco License. You need to have both.

Definition of a "tobacco retailer." Municipal Code 6.87.130 states: "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products or tobacco paraphernalia. This definition shall be without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

Annual license renewal and fee. You must renew your San José Tobacco Retail License every year. The license fee pays for the initial inspection plus one annual compliance inspection (see the Inspection Guide). Additional fees may apply if additional inspections are needed.

A license is needed for every location. A business owner who operates multiple tobacco retail locations must obtain a license and pay a fee for each location. 

Tobacco retailers are required to obtain an annual license from the City of San José.

Locating a tobacco retail business. New tobacco retailers are prohibited within 500 feet of another tobacco retailer and within 1,000 feet of a youth-sensitive use. To check if a site will qualify for a TRL license, view this map.

CONTACT 

For questions:
Email TRL@sanjoseca.gov
Call (408) 535-7770