§ 32A-4. Limits on eligibility for a tobacco retailer license.

(a)

Mobile Vending. No license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

(b)

Medical Marijuana Dispensary. No license may be issued to authorize tobacco retailing in a medical marijuana dispensary established pursuant to Chapter 26 of the county code regardless of whether the retail establishment sells other retail goods in addition to medical marijuana.

(c)

Pharmacies. No license may be issued to authorize tobacco retailing in a pharmacy.

(d)

Excessive Density. The issuing of tobacco retailer licenses is limited as follows:

(1)

No license may be issued to authorize tobacco retailing if the number of tobacco retailer licenses issued exceeds one (1) retailer per two thousand (2,000) inhabitants countywide.

(2)

For the purposes of this subsection, the total population of the county shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed.

(e)

Schools. No license may be issued to authorize tobacco retailing within one thousand (1,000) feet of a school as measured by a straight line from the nearest point of the property line of the parcel on which the school is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purposes of this subsection, a "school" means a parcel of the county that is occupied by a private or public kindergarten, elementary, middle, junior high, or high school.

(f)

Significant Tobacco Retailers. No license may be issued to authorize tobacco retailing by a significant tobacco retailer.

(g)

Exceptions.

(1)

A tobacco retailer that meets all of the following requirements shall be exempt from the limitations specified in subsections (d)—(f) and may receive or renew a license so long as it is otherwise eligible.

(i)

On the effective date of this ordinance, the tobacco retailer is open for business and is operating as a tobacco retailer;

(ii)

On the effective date of this ordinance, the tobacco retailer maintains a valid tobacco retailer's license issued by the state of California's board of equalization, if the tobacco retailer sells products that require such license;

(iii)

The tobacco retailer license issued by the county of Sonoma is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);

(iv)

The tobacco retailer has not violated this chapter or any other tobacco control law three (3) or more times within the previous five-year period;

(v)

The tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than sixty (60) consecutive days;

(vi)

The tobacco retailer does not substantially change the business premises or business operation;

(vii)

The tobacco retailer continuously retains the right to operate under other applicable laws including without limitation Chapter 7 and Chapter 26 of the county code.

( Ord. No. 6149, § I , 4-19-2016)