A. 
Tobacco Retailer's License Required. It is unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer's license issued by the city of Pittsburg for each location at which tobacco retailing is to occur after January 1, 2026. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law.
B. 
Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this article for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.
C. 
Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter other than a "private smokers' lounge" as specified in PMC § 8.20.070(B). Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this article.
D. 
Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
E. 
Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
F. 
Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least 21 years of age.
G. 
Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
H. 
On-Site Sales. All sales of tobacco products shall be conducted in person in the licensed location. It shall be a violation of this article for any tobacco retailer or any of the tobacco retailer's agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.
I. 
Sale of Electronic Smoking Devices Prohibited. It shall be unlawful for any tobacco retailers to sell, offer for sale, or possess with intent to sell or offer for sale, any electronic smoking device. This subsection shall not apply to tobacco retailers who have lawfully commenced operation prior to January 1, 2026.
J. 
Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product except as provided within California Health and Safety Code Section 104559.5(c), (d), and (e). A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
K. 
The tobacco retailer's license shall not impose any additional restrictions on sale of any tobacco product by any tobacco retailer legally operating on or before December 31, 2025; provided, however, all businesses shall be required to adhere to state and federal laws as applicable.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 18, 2025)
If a clerk or employee sells a tobacco product to a minor, the retailer shall immediately notify the chief of police of the violation of Penal Code Section 308 for enforcement under that statute.
(Ord. 1157 § 3, 1999)
An application for a tobacco retailer's license shall be submitted in the name of the retailer, individual or entity, who proposes to conduct retail tobacco sales on the business premises, and shall be signed by such retailer, individual or entity or agent with written authority to act for same. All applications shall be submitted on a form supplied by the director, or his or her designee, and shall contain the following information:
A. 
The name, address, and telephone number of the applicant;
B. 
The business name, address, and telephone number of each establishment where tobacco is to be sold;
C. 
Proof that the location for which a tobacco retailer's license is sought has been issued all necessary state licenses for the sale of tobacco products;
D. 
Whether or not the retailer, individual or entity has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years; and
E. 
Any other information as the city manager determines is necessary for implementation of this article.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 19, 2025)
Upon receipt of a completed application for a tobacco retailer's license, including payment of the license fee, the city manager, or designee, may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.
The city manager may deny an application for a tobacco retailer's license based on any of the following:
A. 
The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter;
B. 
The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;
C. 
The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued;
D. 
The applicant has previously been found by the city to have violated city, state, or federal laws related to the sale of tobacco products;
E. 
The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this code, or that is unlawful pursuant to any other law; or
F. 
Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant's history of noncompliance with this chapter and other laws relating to the sale of tobacco products.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 20, 2025)
The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the city council pursuant to state law.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 21, 2025)
The tobacco retailer's license is nontransferable, except as provided within PMC § 5.68.115(G). If there is a change in location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The new license will retain the same expiration date as the previous license.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 22, 2025)
A. 
Any business found to operate in violation of city, state, or federal laws or regulations may be subject to immediate suspension or revocation of a tobacco retailer's license. Any suspension of license shall be determined by the city manager in their sole discretion.
B. 
Appeal of Suspension or Revocation. The decision of the director to suspend a tobacco retailer's license may be appealed via written request to the city manager as provided in Chapter 1.08 PMC.
(Ord. 1157 § 3, 1999; Ord. 25-1530 § 23, 2025)
A. 
Grounds for Fine. If the director, after giving notice and an opportunity to be heard to the person who is the owner of a tobacco retail establishment, finds that such person is required to have a tobacco retailer's license and does not have a valid tobacco retailer's license and is selling or offering tobacco products for sale, the owner of the retail establishment may be subject to an administrative fine, as permitted under Government Code Section 53069.4, or applicable city ordinance, as follows:
1. 
Up to a maximum $100.00 for a first violation;
2. 
Up to a maximum $200.00 for a second violation within one year;
3. 
Up to a maximum $500.00 for the third and subsequent violations within one year.
Each day that tobacco products are offered for sale without a license by a tobacco retailer required to have such a license pursuant to PMC § 5.68.040 shall constitute a separate violation as set forth in PMC § 1.12.040. A finding of "offering for sale" will be made if tobacco products are actually sold and/or displayed in the retail establishment.
B. 
Fine Procedures. Notice of the fine shall be served on the tobacco retailer or person who is the owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the city manager contesting the imposition of the fine. The hearing must be requested within 10 days of the date of the notice of the fine.
C. 
Appeal to Municipal Court. Any fine imposed by the director may be appealed to the municipal court.
D. 
Failure to Pay Fine. If the fine is not paid within 30 days from the date of mailing the notice of the fine or of the notice of determination of the director after the hearing, the fine shall be referred to the city of Pittsburg finance department. In addition, any outstanding fines must be paid prior to the issuance of any license by the director.
(Ord. 1157 § 3, 1999)
A. 
Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No license may issue to authorize tobacco retailing at a moveable place of business.
B. 
Licensed Cannabis Businesses. No license may be issued to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10 or by the city of Pittsburg.
C. 
Proximity to Youth-Oriented Facilities. No license may be issued to authorize tobacco retailing within 600 feet of an existing, legally established school (as defined by PMC § 18.08.060(V)), general day care (as defined by PMC § 18.08.060(F)), club or lodge (as defined by PMC § 18.08.060(B)) used exclusively as a youth center, city-owned park space which is open to the public, religious assembly (as defined by PMC § 18.08.060(T)) or library, as measured from the main entrance of the tobacco retailer to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, no license may issue to authorize tobacco retailing less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the tobacco retailer to the nearest parcel boundary of the other use.
D. 
Proximity to Other Tobacco and Cannabis Retailers. No license may be issued to authorize tobacco retailing within 500 feet of an existing tobacco or cannabis retailer location licensed pursuant to this title as measured by a straight line from the nearest point of the property line of the parcel on which the applicant's business is located to the nearest point of the property line of the parcel on which an existing licensee's business is located.
E. 
Grocery stores and drugstores shall be exempt from subsections (C) and (D) of this section.
F. 
The prohibitions contained in subsections (C) and (D) of this section shall not apply to any tobacco retailer operating lawfully on or prior to December 31, 2025. Any exemption granted to a tobacco retailer pursuant to subsection (C) or (D) of this section shall cease to apply if the retailer fails to timely renew the license pursuant to PMC § 5.68.117.
G. 
Upon transfer of ownership of an existing establishment which has a current tobacco retailer license, a tobacco retailer license may be issued for use of a location in subsections (C) and (D) of this section if the business and/or location was retailing lawfully on or prior to December 31, 2025, and may be renewed thereafter unless it expires due to nonrenewal.
(Ord. 25-1530 § 24, 2025)
A. 
Compliance with this chapter shall be monitored by the city manager. In addition, the city may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours.
B. 
The police department may inspect each tobacco retailer at least one time per 12-month period to ensure compliance with this chapter.
C. 
Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.
(Ord. 25-1530 § 25, 2025)
A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of their tobacco retailer's license and submit the license fee no later than 30 days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to PMC § 5.68.060. The city shall make a decision on any renewal application within 90 days, during which time the license shall remain valid.
(Ord. 25-1530 § 26, 2025)
Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
(Ord. 25-1530 § 27, 2025)