Municipal Code, Complete - City of Santa Barbara

C. Tobacco retailer licenses are valid for one (1) year and each tobacco retailer shall apply for renewal of the
tobacco retailer license prior to its expiration.
D. The receipt of a tobacco retailer license does not exempt any business that is subject to the smoke-free work
place provisions within the Santa Barbara Municipal Code and Labor Code Section 6404.5. (Ord. 5260, 2002.)
9.21.050 Application Procedure.
A. A completed application and a copy of the completed application for a tobacco retailer license shall be
submitted to the Licensing Agent in the name of the person proposing to conduct retail tobacco sales and shall be
signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the
Licensing Agent and shall contain the following information:
1. The name, address, and telephone number of the applicant;
2. The business name, address, and telephone number of each location for which a tobacco retailer license
is sought; and
3. Such other information as the Police Chief deems necessary for enforcement of this Chapter.
(Ord. 5260, 2002.)
9.21.060 Issuance of Tobacco Retailer License.
A. Within thirty (30) days of the Licensing Agent’s receipt of an application for a tobacco retailer license, the
Licensing Agent shall issue a tobacco retailer license, unless it has been determined by the Licensing Agent that the
issuance of the tobacco retail license should be denied, based on the following criteria:
1. The application is incomplete or inaccurate; or
2. The application seeks authorization for tobacco retailing by a person or at a location for which a
suspension is in effect pursuant to Section 9.21.100 of this Chapter.
B. A denial of a license may be appealed pursuant to Section 9.21.100.
C. The Licensing Agent shall keep a permanent record of all tobacco retail licenses issued, but may destroy such
records as provided by law with the approval of the City Council. (Ord. 5260, 2002.)
9.21.070 Display of Tobacco Retailer License.
Each tobacco retailer licensee shall prominently display the tobacco retailer license at each location where tobacco
retailing occurs. (Ord. 5260, 2002.)
9.21.080 Fees for Tobacco Retailer License.
A. The fee for a tobacco retailer license shall be established by resolution of the City Council and shall be
calculated so as to no more than recover the cost of the tobacco retailer license program. The fee for a tobacco retailer
license shall be paid to the Licensing Agent.
B. A tobacco retailer license shall be valid for a term of one year, commencing on January 1 and ending on
December 31 of each year. If a tobacco retailer license is issued after January 1, the fee shall be pro-rated on a
quarterly basis accordingly. (Ord. 5260, 2002.)
9.21.090 Tobacco Retailer License Non-Transferable.
A. A tobacco retailer license is nontransferable.
B. In the event a person to whom a tobacco retailer license has been issued changes business location or sells
the business referenced in that person’s tobacco retailer license, that person must apply for a new tobacco retailer
license prior to acting as a tobacco retailer at the new location. The transferee of the tobacco retailer license must
apply for a tobacco retailer license in the transferee’s name before acting as a tobacco retailer. (Ord. 5260, 2002.)
9.21.100 Suspension of Tobacco Retailer License; Appeals.
A. GROUNDS FOR SUSPENSION.
1. A tobacco retailer license shall be suspended if the tobacco retailer licensee or his or her agent or
employee has violated any state or local law governing the sale, advertisement or display of tobacco products,
including but not limited to: Penal Code Section 308a, or Business and Professions Code Sections 22950 et. seq.
(Stop Tobacco Access to Kids Enforcement Act “STAKE Act”) or 22962, or Business and Professions Code 25612.5
(c)(7) based on information provided by the Police Department, Health Officer, or any other governmental agencies.
2. The Police Chief shall provide notice of suspension to a tobacco retailer licensee by personal service or
by certified mail, return receipt requested, addressed to the business where the tobacco retailer license was issued.
The suspension shall be effective when notice is personally served or when the certified mail return receipt is
returned.
208-3 rev. 12/31/02