Resources for Tobacco Retailers

An important aspect of reducing the smoking prevalence in our county is to reduce the availability and sales of tobacco products that are attractive to youth and young adults.

In addition to federal and state laws, local tobacco retail licensing ordinances are the best means of defining how tobacco can be sold that fits with the challenges and interests of each community. Local tobacco licensing fees help communities fund enforcement of laws, including minimum age-of-sale laws. Local level licensing laws can also help communities respond to emerging trends in the tobacco retail environment, such as the rising popularity of e-cigarettes.

For an overview to applicable laws governing tobacco sales please see our Tobacco Retailer Compliance Checklist.

Tobacco Retailers must be Licensed
  • All tobacco retailers in California must possess a tobacco retailer license issued by the California Department of Tax and Fee Administration (CDTFA). Each retailer must apply for a 12-month license and pay an annual license fee of $265 per retail location.
  • Tobacco retailers in unincorporated County of San Luis Obispo must also possess a tobacco license with the County (County Code 8.23.130).  To apply for a County license or for more information, visit County of San Luis Obispo Tax Collector Office.
Minimum Age of Sales: 21 years or older

In 2019, Congress passed the Tobacco 21 law, raising the legal age to purchase tobacco (including e-cigarettes and vapes) from 18 years old to 21 years old across the United States with no exemptions for military personnel.

  • Learn more about the law here and to access resources:  - U.S. Food & Drug Administration – Tobacco 21
Ban on Most Flavored Products

On November 8, 2022, California voters upheld state legislation (Senate Bill 793) prohibiting the sale of most flavored tobacco products. This includes flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations, including stores and vending machines, in California. This law went into effect on December 21, 2022. For more information please visit, the California Department of Public Health website.

Ban on Electronic Smoking Devices
  • To date, the cities of Morro Bay, Arroyo Grande and San Luis Obispo and the County of San Luis Obispo have local laws that ban the sale of electronic smoking devices (ESDs). See the Policy Map for details of each jurisdiction.
  • Within the unincorporated County of SLO, ESDs containing ‘nicotine or any other substance’ are banned unless the product has been granted pre-market authorization by the Food and Drug Administration (FDA). Please see County Ordinance 8.23.180(f).

  • List of devices allowed to be sold in the unincorporated County.

Tobacco includes products such as: cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff and any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette (e-cigarette, vape), cigar, pipe, or hookah. 

 

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