Tobacco Enforcement – Long Beach City Prosecutor Doug Haubert

The mission of the Tobacco Retail Enforcement Program (TREP) within the Long Beach City Prosecutor’s Office is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors. (Chapter 5.81 of the Long Beach Municipal Code, Penal Code Section 308, Health and Safety Code Section 104559.5, and Business and Professions Code 22958).

The program consists of the Annual Youth Purchase Survey, permitting and inspection of all Long Beach facilities that sell tobacco products and paraphernalia, and Long Beach Police Department Decoy Operations. The Long Beach City Council adopted this ordinance on February 12, 2008. Since the program’s implementation there has been an overall decline of 30.7% in illegal tobacco sales to minors in Long Beach.

Information for Tobacco Retailers in the City of Long Beach

The City Prosecutor’s Office now offers a free online curriculum for tobacco retailers which details the laws related to tobacco sales in the city. By taking the California Retailers and Tobacco Law Training Quiz, you can help support efforts to keep young people healthy and safe from the harms of tobacco use and vaping.

For retailers who have received a misdemeanor citation (notice to appear in court) for selling, furnishing, or distributing tobacco to anyone under the age of 21, the cited person may complete the California Retailers and Tobacco Law Training Quiz to be considered for a potential informal diversion.

You must have a valid Tobacco Retail Permit issued annually by the City of Long Beach (Chapter 5.81 of the Long Beach Municipal Code).

This permit requirement has been enacted to discourage the sale of tobacco products to minors. Anyone who sells tobacco products without an annual city permit is subject to criminal prosecution which may be punishable by up to six months in jail and/or a $1,000 fine (Long Beach Municipal Code 5.81). The City of Long Beach annual Tobacco Retail Permit is required in addition to your State Tobacco License issued by the California Department of Tax and Free Administration. Call 1-800-400-7115 or visit https://www.cdtfa.ca.gov/. The nearest office is located at 12750 Center Court Drive South, Ste. 400 Cerritos, CA 90703-8594. Office Phone 562-356-1102.

The City of Long Beach will suspend your Tobacco Permit if you sell tobacco to anyone under the age of 21, sell banned flavored tobacco, allow smoking in an enclosed workplace, or are convicted of violating any law involving tobacco retailing.

[Per 5.81.090] All Violations of LBMC under section 5.81 MAY result in

1^st violation within 5 years = 10-day permit suspension
2^nd violation within 5 years = 30 day permit suspension
3^rd violation within 5 years = REVOKED PERMIT
1. After revocation of permit, may NOT submit new application for 120 days

**During any suspension, all tobacco products must be removed from store**

To avoid a Tobacco Permit suspension, it is imperative that you and your employees follow the law.

Informational flyer for tobacco retailers: Retailer Requirements

Tobacco 21 is the Law. Retailers are required to post this Age of Sale sticker
The State of California also requires that tobacco retailers have a Cigarette and Tobacco Products Retailer License. You can obtain yours from the California Department of Tax and Fee Administration.

City of Long Beach Flavored Tobacco Retail Sales Ban

On April 13, 2021, the Long Beach City Council approved to permanently prohibit the sale of certain flavored tobacco products within the City of Long Beach. Under the Long Beach Municipal Code (LBMC), Chapter 5.81, flavored tobacco products include but are not limited to:

Menthol tobacco products (cigarettes, snus, chew, etc.)
Flavored cigarillos
Flavored electronic devices (such as electronic cigarettes, electronic cigars, electronic pipes, electronic hookahs, vapes, vaporizers, and vape pens.)
Flavored electronic smoking device fluids.
Flavored (cigarettes, snus, chew, etc.)

The ordinance does not apply to:

The sale of shisha tobacco products by a hookah tobacco retailer if certain conditions are met.
The sale of loose-leaf tobacco or premium cigars.
The sale of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.
- “Premium cigar” means any cigar that is handmade, is not mass-produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.

For additional information, please see:

Smoking, E-Cigarettes and Tobacco-Use Prohibitions

Smoking is not allowed in any INDOOR public area, with the exception of approved smoking lounges located in a tobacco shop or cigar lounge. Smoke free indoor areas include, but are not limited to:

Bars & Restaurants
Pool Halls
Office Buildings
Elevators & Laundry Rooms
Hotel Lobbies Outdoor

No-Smoking areas include:

Parks
Beaches
Bus Stops
Farmer’s Markets
Within 20 feet of State, County and City Buildings

Know the Laws

City of Long Beach Municipal Code for Tobacco Retailers
- Long Beach Municipal Code Chapter 5.81
California State Tobacco-Related Laws
- Penal Code Section 308: No Tobacco Sales to Anyone Under 21
- Health and Safety Code Section 104559.5: No Flavored Tobacco Sales
- Business and Professions Code Section 22958: No Tobacco Sales to Anyone Under 21

Local, State and Federal Tobacco Control Programs and Smoking Cessation Resources

LA County Public Health: Tobacco Control and Prevention
Centers for Disease Control and Prevention: Smoking and Tobacco Use
California Department of Public Health Tobacco Control Branch
Food and Drug Administration Center for Tobacco Products Newsroom

Youth Tobacco-Use Prevention Resources

Flavors Hook Kids (flavored tobacco product information, education and resources in multiple languages).
Campaign for Tobacco-Free Kids (Multi-language resources, advocacy tools and fact-sheets for educators, parents, and youth).
The Truth