Description:
On September 13, 2005 the Board of Supervisors voted 5-0 to require all tobacco retailers to have a license to sell tobacco. The development of this ordinance was based on multi-year efforts by the Tobacco Control Project staff working collaboratively with community based organizations, youth, health officials and others. The ordinance includes penalties for failing to obtain a license, as well as sanctions for sales to minors including license revocation and fines up to $10,000. The ordinance prohibits mobile sales of tobacco products and paraphernalia and clerks must be of legal age to sell tobacco products.
Licenses will cost $350 annually from Riverside County Department of Public Health. Our staff will make announced visits checking for licenses and compliance with tobacco laws. They will also coordinate sting operations with youth to attempt tobacco buys from merchants.
Penalties (summary):
First offense of ANY tobacco law or provision of the ordinance:
Hearing held and loss will result in license revocation, 10 days no tobacco/paraphernalia sales, AND up to $1000 fine. Plea bargain available. License must be applied for again.
Second offense of ANY tobacco law or provision of the ordinance within five years:
Hearing held and loss will result in license revocation, 30 days no tobacco/paraphernalia sales, AND up to $2500 fine. Plea bargain available. License must be applied for again.
Third offense of ANY tobacco law or provision of the ordinance within five years:
Hearing held and loss will result in license revocation, 90 days no tobacco/paraphernalia sales, AND up to $10,000 fine. No plea bargain available. License must be applied for again.
Fourth offense of ANY tobacco law or provision of the ordinance within five years:
Hearing held and loss will result in license revocation, 5 years no tobacco/paraphernalia sales, AND up to $10,000 fine. No plea bargain available. License must be applied for again.
Penalties summary in table format:
Violation # of ANY Tobacco Law Within the Past 5 Years |
License Revoked Requiring New Application and $350 Fee? |
Loss of Sales for Tobacco and Paraphernalia |
Fine Amount |
Plea Bargain Available? |
First |
Y |
10 Days |
up to $1000 fine |
Y |
Second |
Y |
30 Days |
up to $2500 fine |
Y |
Third |
Y |
90 Days |
up to $10,000 fine |
N |
Fourth |
Y |
5 Years |
up to $10,000 fine |
N |