City of Elk Grove

Business License

Tobacco Retailers


Tobacco Retailers' Ordinance and License Application


Tobacco Retailer License Application

On September 15, 2004, the Elk Grove City Council approved a local ordinance creating a licensing requirement for tobacco retailers and a program for its enforcement in order to discourage violations of tobacco-related laws, especially those that prohibit the sale or distribution of tobacco products to minors. The purpose of this Tobacco Retailers' Ordinance Bulletin is to provide tobacco retailers in the City of Elk Grove with background information related to tobacco sales to youth, explain what is included in an inspection, and answer frequently asked questions.

In May of 2004, the Sacramento County Department of Health and Human Services Tobacco Education Program found that 17.0% of tobacco retailers sampled in the City of Elk Grove unlawfully sold tobacco products to minors. This figure is above the state average of 12-13%.

The City of Elk Grove will begin licensing tobacco retailers on November 5, 2004. The annual license fee is $270.00. Tobacco retailers will have 90 days to obtain their license before compliance inspections begin. Compliance inspections will begin on February 7, 2005. The first year of the inspection program will focus on education and assisting retailers with compliance. The Elk Grove Police Department will distribute educational materials/required signage, and will check the following for compliance:

Signage: A conspicuous sign posted at each point of sale indicating that the sale of tobacco products to anyone under 18 years of age is illegal. California Penal Code PC 308(c)

Tobacco Retailer License: The Tobacco Retailer License is conspicuously displayed. Elk Grove Municipal Code 4.62.070

Cigarette Display: Cigarettes must be displayed in a locked cabinet if in a customer area, or behind a counter accessible to store employees only. Cigarettes must not be sold using "self service displays," which is the open display of cigarettes accessible to the public without the assistance of a store employee. Business and Profession Code 22962

Cigarette Packaging: Cigarettes must be manufactured, distributed, sold, or offered for sale in packages of at least 20 per package. "Roll-your-own" tobacco packages must contain at least 0.60 ounces of tobacco. California Penal Code 308.3

Bidis Sales: The sale of "bidis" (hand-rolled filterless cigarettes imported primarily from India and South-Eastern Asian countries) is prohibited except at businesses that prohibit the presence of minors. California Penal Code 308.1

The Elk Grove Police Department will conduct youth decoy operations at randomly selected establishments to detect tobacco sales to minors. Enforcement actions for selling to minors will lead to tobacco retail license suspension or revocation.


Frequently Asked Questions

 

QuestionWill my State of California tobacco retailing license meet the requirement of the ordinance?

AnswerThe new license requirements are in addition to your existing Elk Grove General Business License and the State of California tobacco retailing license.


QuestionWhen will you begin licensing tobacco retailers?

AnswerThe City of Elk Grove will begin licensing tobacco retailers November 5, 2004. Tobacco retailers will have 90 days to obtain their licenses.


QuestionWhen will compliance inspections begin and how often will they occur?

AnswerCompliance inspections will begin February 7, 2005 and will occur annually.


QuestionDo I have to post my Tobacco Retailer License?

AnswerYes, the Tobacco Retailer License must be visible to your customers.


QuestionCan I use the signage that was provided by my tobacco distributor?

AnswerThe Stop Tobacco Access to Kids Enforcement (STAKE) Act requires that signs with the "1-800-5 ASK-4-ID" telephone number be posted at each point of sale.


QuestionHow do I obtain a Tobacco Retailer License?

AnswerThe City of Elk Grove will be issuing licenses. Tobacco Retailer License applications are available at City Hall (8401 Laguna Palms Way, Elk Grove, CA 95758).


For more information on the Tobacco Retailers License, contact the City of Elk Grove at (916) 478-2211 or www.elkgrovecity.org.

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City of Elk Grove . 8401 Laguna Palms Way . Elk Grove, California 95758 . 916.683.7111 . Fax 916.691.2001