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It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur.

No license will be issued to authorize tobacco retailing at other than a fixed location; itinerant tobacco retailing and tobacco retailing from vehicles are prohibited.

No license will be issued to authorize tobacco retailing at any location that is licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on-sale” license issued by the California Department of Alcoholic Beverage Control); tobacco retailing in bars and restaurants serving alcoholic beverages is prohibited..

The sale or distribution by an establishment of an electronic smoking device is prohibited in the city of San Luis Obispo, including all nonflavored and flavored electronic smoking device products, including mint and menthol where the electronic smoking device:

A. Requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and

B. Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time.

Licenses are valid for one year and each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license prior to its expiration. The conference of a tobacco retailer license does not confer any new rights under any other law and does not exempt any business that otherwise would be subject to the smoke-free workplace provisions within the San Luis Obispo Municipal Code and Labor Code Section 6404.5. (Ord. 1676 § 2 (Exh. A), 2020: Ord. 1440 § 1 (part), 2003)