This Model Ordinance was developed by the Technical Assistance Legal Center (TALC) to help California cities and counties that wish to require a local tobacco retailer license as a 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 current version of the Model Ordinance (revised in June 2008) includes minor changes, such as updated “findings,” and some of the content has been reorganized. For example, all requirements and prohibitions for tobacco retailers are now located in a single section of the ordinance.

The most significant change is that TALC has drafted supplementary “Plug-in” provisions to accompany the revised ordinance, any of which can be incorporated into the Model Ordinance. Each Plug-in provides a different policy option. For example, one Plug-in enables communities to prohibit tobacco retailing in a residential zone, while another prohibits tobacco retailing in a bar or restaurant. Currently, TALC has 12 Plug-in provisions but may create others in the future.

The Plug-in provisions cannot be adopted independently; they are intended only to be incorporated into the Model Ordinance. Please consult with TALC or your local government attorney if you want to include one of these provisions in your local ordinance.

You can also download the Licensing Ordinance Checklist, which highlights key policy options available in the ordinance.