It is the purpose and intent of this chapter to preclude the opening, establishment, and/or operation of new significant tobacco retailers in the City.
(Ord. 1455 § 2, 2012)
The words and phrases included in this section shall have the following meanings, unless it is clearly apparent from the context that another meaning is intended:
“Significant tobacco retailer”
means any tobacco retailer whose principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: 20 percent or more of floor area and display area is devoted to the sale or exchange of tobacco products, tobacco paraphernalia, or both; 67 percent or more of gross sales receipts are derived from the sale or exchange of tobacco products, tobacco paraphernalia, or both; or 50 percent or more of completed sales transactions include a tobacco product or tobacco paraphernalia.
“Tobacco paraphernalia”
means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, any electronic cigarette and any other item designed for the smoking or ingestion of tobacco products.
“Tobacco products”
mean: (1) any substances containing any tobacco leaf, including, but not limited to, cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, flavored tobacco as defined under Chapter 6.47 of this Code, and smokeless tobacco; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. Notwithstanding the foregoing, “tobacco product” includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. “Tobacco product” does not, however, include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(Ord. 1455 § 2, 2012; Ord. 1588 § 4, 2019)
A. 
Unless otherwise exempted under subsection C of this section, significant tobacco retailers are not a permitted use and are prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a significant tobacco retailer within the City.
B. 
The establishment, maintenance or operation of a significant tobacco retailer within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions.
C. 
Significant tobacco retailers as defined in this Chapter that were lawfully established prior to the effective date of Ordinance No. 1455, prohibiting significant tobacco retailers shall be exempt from the prohibition set forth under subsection A of this section.
(Ord. 1455 § 2, 2012; Ord. 1588 § 4, 2019; Ord. 1677-2025, 9/10/2025)
The establishment, maintenance or operation of a significant tobacco retailer in violation of, or in noncompliance with, any of the requirements of this Chapter or applicable provisions of the Zoning Code or South San Francisco Municipal Code, shall be subject to any enforcement remedies available under the law and/or the City’s Municipal Code. In addition, the City may enforce the violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law.
(Ord. 1455 § 2, 2012; Ord. 1588 § 4, 2019)