Code Enforcement

Tobacco Retailer

The City of Antioch Municipal Code (AMC) regulates the sale of tobacco products by retailers. The AMC regulates both the establishment of new tobacco retailers and the sale of individual tobacco products. In general, the following regulations apply:

1. New tobacco retailers are prohibited in the City of Antioch, except when at a convenience store at a gas station or if the store is larger than 5,000 square feet. If a new market or other retail store opens that does not fall within these parameters, it may not sell tobacco products. Possession of a State Cigarette and Tobacco Products Retailer’s License does not approve the sale of tobacco products in the City of Antioch.
2. Existing tobacco retailers may continue to operate. However, effective January 1, 2023, cigarette stores (smoke shops) may not be sold or transferred to another party. A cigarettes store is defined as using more than 20% of the floor area for tobacco product sales. This is verified through the City Business License process.
3. The sale of tobacco products with a characterizing flavor is prohibited by the AMC and California State Law. This includes, but is not limited to, vapes/e-cigarettes, smokeless tobacco and menthol cigarettes.
4. Little cigars, commonly sold under the brand name of Swisher Sweets in packs of two, may not be sold in quantities of less than 20. A little cigar is defined as a small cigar weighing less than 1.36 grams.
5. Cigars, which includes traditional large cigars weighing 1.36 grams or more, may not be sold in quantities of less than 6.

DEFINITIONS

CHARACTERIZING FLAVOR. A taste or aroma other than the taste or aroma of tobacco, imparted either prior to or during consumption of tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice, provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

CIGAR. Any roll of tobacco, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing more than three pounds per thousand.

LITTLE CIGAR. Any roll of tobacco, with or without a filter, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing no more than three pounds per thousand. LITTLE CIGAR includes, but is not limited to, any tobacco product known or labeled as “small cigar” or “cigarillo.”

SOLD OR TRANSFERRED. Any assignment, delegation, designation, sale, or transfer of real property or interests in real property, including but not limited to:

(a) A change to the name of the operator on the city business license;

(b) A change in the leaseholder of the commercial space;

(c) A change to the name listed on any other official government document related to the business.

TOBACCO PRODUCT.

(a)       1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

2. Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.
3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

(b) TOBACCO PRODUCT does not 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.

TOBACCO RETAILER. Any establishment that sells tobacco products as defined herein.

ENFORCEMENT

Violation of the AMC is subject to enforcement by the Code Enforcement Division of the Community Development Department. If a retailer is found to be violating the City’s regulations pertaining to tobacco products, it may be subject to citations as high as $1,000 per day. Generally, violators are given a warning and opportunity to correct any identified violations prior to citation.

LINKS

The weight in grams of common brands of little cigars:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4715239/table/T1/?report=objectonly

Title 6, Chapter 8, Smoking

https://codelibrary.amlegal.com/codes/antioch/latest/antioch_ca/0-0-0-25052

9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.

https://codelibrary.amlegal.com/codes/antioch/latest/antioch_ca/0-0-0-37425