On November 28, 2018, the Alameda City Council adopted Ordinance No. 3230, which requires State licensed tobacco retailers in the City of Alameda to obtain a City Tobacco Retailer License. The Ordinance also prohibits the sale of flavored tobacco products, as well as other tobacco retail restrictions. Ordinance 3230 will be enforced beginning July 1, 2019. The City has provided tobacco retailers with materials that explain the ordinance in some detail as well as printed materials displaying certain tobacco products that will be prohibited from sale as of July 1, 2019. In addition, members of the Alameda County Health Care Services Agency have visited all Alameda tobacco retailers in order to answer any questions they had concerning the Ordinance and its implementation. Based on those visits and questions, the City has developed the following frequently asked question (FAQ), with answers about Ordinance 3230.
1. Do tobacco retailers that hold a State tobacco retailer license also need to obtain a City tobacco retailer license in order to sell tobacco products after July 1, 2019?
Yes. As of July 1, 2019, any person selling tobacco products in the City of Alameda will need a State and City Tobacco Retailer License. See Section 6-60.20, Alameda Municipal Code.
2. How does a tobacco retailer apply for a City Tobacco Retailer License?
A license application can be downloaded, completed, and mailed to the City or can be completed online: www.alamedaca.gov/tobacco.
3. Is there an application fee, and, if so, how much is it?
For Fiscal Year 2019/2020 (July 1, 2019 through June 30, 2020) there will be no application fee for a City Tobacco Retailer License. The City intends to track the time that City staff and others spend implementing and enforcing Ordinance 3230. Based on that information, there will be an annual fee to renew a license, but the amount thereof is not known at this time. The fee will not be payable until the license is renewed next year.
4. What should a tobacco retailer do with the flavored tobacco products that it has on hand as of July 1, 2019?
Ordinance 3230 requires that tobacco retailers stop selling such products as of July 1, 2019. Tobacco retailers can discuss with their distributors what to do with unsold product as of that date.
5. If an existing tobacco retailer is within 500 feet of another tobacco retailer or within 300 feet of a K-12 school, may a tobacco retailer continue to sell tobacco products as of July 1, 2019?
Yes, assuming the tobacco retailer obtains a City Tobacco Retailer License. Existing tobacco retailers should note, however, that another person will not be able to obtain a Tobacco Retailer License for the existing retailer’s location if the location is within 500 feet of another tobacco retailer or within 300 feet of a K-12 school.
6. If a tobacco retailer sells the business, may the purchaser continue to sell tobacco products?
Currently, the City has 52 tobacco retailers. Ordinance 3230 allows only one tobacco retailer for every 2,500 residents of the City, which translates to 32 tobacco retailers. Section 6-60.30 G, Alameda Municipal Code. Until the number of retailers in the City is less than 32, if a tobacco retailer sells the business, the purchaser would not be eligible to obtain a City Tobacco Retailer License and therefore could not sell tobacco products.
7. Many packs of little cigars come in packs of two or three; may a tobacco retailer “bundle” those packs together to meet the requirements of Ordinance 3230?
Ordinance 3230 requires that little cigars must be sold in a package of at least five little cigars. Section 6-60.40 B. 5, Alameda Municipal Code. Package means a pack, box, carton, or wrapping in which a tobacco product is sold. Section 6-60.10. P, Alameda Municipal Code. A tobacco retailer may not bundle packs of two or three cigars in order to meet the requirement of Ordinance 3230 that little cigars must be in a package of at least five. Also, single little cigars or cigarillos may not be “bundled” to meet the requirements of Ordinance 3230; they must be sold in a package of at least five.
8. May a tobacco retailer sell a pack of cigarettes with a “50 cents off” label that comes pre-packaged from the manufacturer?
No, a tobacco retailer (a) may not redeem a coupon to allow a consumer to purchase a tobacco product for less than the full retail price, (b) may not provide a discounted item to a consumer in consideration for the purchase of a tobacco product at full retail price, and (c) may not sell a tobacco product to a consumer for less than the full retail price. Section 6-60.40, B. 1, 3, and 4, Alameda Municipal Code.
A coupon means anything that can be used to acquire a tobacco product for less than the full retail price. Section 6-60.10, G, Alameda Municipal Code. A tobacco retailer may not sell a pack of cigarettes with “50 cents off” on the label, or a discount of any other denomination, even if that information is on the package that comes from the manufacturer.
9. If a tobacco retailer turns their store into a store that sells only tobacco products, for example, a smoke shop that sells only to adults, may the tobacco retailer continue to sell flavored tobacco products?
No tobacco retailer may sell flavored tobacco products as of July 1, 2019. There are no exceptions for a business that sells only tobacco products or limits its customers to adults. Section 6-60.110 A, Alameda Municipal Code.
10. May stores that have pharmacies allow tobacco products to be sold?
No. The City will not issue a City Tobacco Retailer License to authorize the sale of tobacco products in a pharmacy. Section 6-60.30, F, Alameda Municipal Code. This applies to any store licensed as a pharmacy by the California Board of Pharmacy.
11. May a tobacco retailer sell flavored rolling papers if the papers themselves do not contain a tobacco product?
No tobacco retailer may sell a flavored tobacco product. Tobacco product includes not only any product containing tobacco or nicotine intended to human consumption but also any component or part of a tobacco product. Section 6-60.10 X, Alameda Municipal Code. Rolling papers are components of tobacco products; a tobacco retailer may not sell flavored rolling papers.
12. May a tobacco retailer sell electronic smoking devices without the e-liquid in them?
An electronic smoking device is a tobacco product. Section 6-60.10 X 2, Alameda Municipal Code. If there is no flavor in the electronic smoking device, a tobacco retailer may sell the device.
13. May a tobacco retailer sell lighters or lighter fluids?
Lighters and lighter fluids are tobacco paraphernalia, items designed or marketed for the consumption or use of tobacco products. Section 6-60.10 W, Alameda Municipal Code. A tobacco retailer may sell lighters and lighter fluids.
14. May a tobacco retailer sell tobacco paraphernalia?
Tobacco paraphernalia means any item designed or marketed for the consumption or use of tobacco products. Section 6-60.10 W, Alameda Municipal Code. Tobacco product includes any component or part of a tobacco product, whether or not it is sold separately. Section 6-60.10. X. 3, Alameda Municipal Code. Tobacco paraphernalia is a tobacco product and a tobacco retailer may sell tobacco paraphernalia.
15. May a tobacco retailer sell hemp derived cannabis e-liquids?
Tobacco product does not include hemp derived cannabis e-liquids. Ordinance 3230 does not prohibit the sale of such e-liquids but tobacco products may not be sold at a cannabis retail dispensary.