Tobacco Program

On May 23, 2023, the County Board of Supervisors approved an amended tobacco ordinance.
The ordinance prohibits the sale of:​

• Flavored tobacco products that include but are not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuffs, snus, hookah, shisha, flavor enhancers, e-cigarettes, e-liquids, pods, or any other vape device.
• E-cigarette products that include, but are not limited to, any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine and is natural or synthetic.

The ordinance prohibits new tobacco retailer permits issued at:

• Any location within 1,000 feet of a youth-populated area
• Any location within 500 feet of a location already occupied by another tobacco retailer
• A non-fixed location, such as a vehicle or other forms of mobile vending
• Temporary events such as flea markets and farmers’ markets

The information above is not a comprehensive list of all ordinance requirements. Please refer to Ordinance No. 4878 for all requirements.

How to Apply for a Tobacco Retailer Permit

Apply online (recommended)
Submit your Tobacco Retailer Permit Application through the MyEHS Portal. You can also pay your application fee online through the portal.

If you’re unable to apply online with MyEHS, you can download and complete the Tobacco Retailer Permit Application PDF application in the resource library below.

Tobacco Retailer Permits are non-transferable between persons, locations, etc. Any attempted transfer will render the permit null and void.

Annual Inspections

Permitted tobacco facilities will receive at least 2 unannounced inspections a year. Inspections will be unannounced. Facilities must comply with the following requirements:

1. Valid Tobacco Retailer Permit available and posted for public view.
2. No flavored tobacco products for sale.
3. No e-cigarette products for sale.
4. Retailer should not offer or redeem coupons or provide discount sales.
5. All tobacco products must be sold under manufacturer’s packaging and labeling and conform to all child-resistant packaging.
6. Selling by use of self-service displays is prohibited. All sales shall be conducted in person at the permitted location.
7. Signage must be posted at the point of purchase that sales to anyone under 21 years of age is illegal.

Tobacco retailers who violate any requirements under Ordinance No. 4878 will place themselves at risk of administrative fines, permit suspension, permit revocation, criminal prosecution, or misdemeanors.

Contact Information

For questions, please call 650-372-6200 or email envhealth@smcgov.org.