Berkeley requires every tobacco and vape retailer to hold an annual Tobacco Retailer License (TRL), enforces flavored-tobacco and menthol bans, sets minimum pack sizes, and conducts undercover decoy compliance checks.
BMC Chapter 9.80 mandates a TRL for any business selling cigarettes, cigars, e-cigarettes, or vape pods. Berkeley was an early adopter of the comprehensive flavored-tobacco prohibition (covering menthol, mint, and characterizing flavors), which mirrors California Senate Bill 793 ratified by Proposition 31 in 2022. Pharmacies are barred from tobacco sales, and new tobacco retailers face buffer zones from schools, parks, and other tobacco shops. License fees fund decoy enforcement operations targeting underage sales. Suspension or revocation follows repeated violations, and unlicensed sales constitute separate infractions for each transaction.
Operating without a TRL, selling flavored tobacco, selling to minors, or violating buffer zones triggers fines, mandatory license suspension, and possible revocation after repeat offenses.
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