Model Ordinance (and Associated Plug-ins): Tobacco Retailer Licensing

Model Ordinance

TALC developed this Model Ordinance to help California cities and counties that want to require local tobacco retailer licensing. Licenses are one way to ensure compliance with local business standards, to reduce youth access to tobacco, and to limit the negative public health effects associated with tobacco use.
The Model Ordinance contains all the essential elements for a local tobacco retailer license, including descriptions of who must obtain a license, requirements and prohibitions for licensees, enforcement provisions, and penalties.

In addition to the core Model Ordinance TALC has drafted supplementary “Plug-in” provisions that can be added to the Model Ordinance. Each Plug-in provides a different policy option. For example, some Plug-ins impose limitations on which business can be licensed, while others create additional requirements and prohibitions for licensed retailers; there are also additional enforcement options. For more information about each of the Plug-ins, the issues they address, and how they work, see our Plug-in Fact Sheet.

The model language for each of our current Plug-ins can be found below.  Please consult with TALC or your local government attorney if you want help adapting one of the following provisions to your local ordinance.

You can also download the Checklist for Designing a Tobacco Licensing Ordinance, which highlights key policy options available in the ordinance, and the related Licensing Ordinance FAQs.

DownloadsSize
Licensing Ordinance (DOC, Updated 6/08)329 KB
Minimum Pack Size for Cigars (DOC, 12/11)231 KB
Available Licenses Limited by Population and Density (DOC, Updated 6/10) 221 KB
No Licenses Near Schools and Youth-Populated Areas (DOC, Updated 6/10) 212 KB
Fine in Lieu of License Revocation (DOC, Updated 6/08)211 KB
No Tobacco Product Sampling (DOC, Updated 6/08) 246 KB
License Revocation for Signage Violations (DOC, Updated 6/08)210.5 KB
License Revocation for Violation of Age-Specific Laws (DOC, Updated 6/08) 216 KB
No License for Bars or Restaurants (DOC, Updated 6/08) 209 KB
No License for Businesses That Allow Smoking on the Premises (DOC, Updated 6/08) 211 KB
No License in Residential Zone (DOC, Updated 6/08) 208 KB
No New Significant Tobacco Retailers (DOC, Updated 6/08) 211.5 KB
No Sales of Tobacco Look-Alike Products (DOC, Updated 6/08) 209 KB
Only Off-Sale Alcohol Retailers May Obtain License (DOC, Updated 6/08)208.5 KB
Penalties for Violation of State Drug Paraphernalia Laws (DOC, Updated 6/08) 212.5 KB
Private Enforcement (DOC, Updated 6/08) 219.5 KB