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Santa Clara County, CA Business Licensing & Operations: Tobacco Retail License (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required
Unincorporated area, per location, annual
School buffer
1,000 feet minimum from any school
Retailer buffer
500 feet from another tobacco retailer
Banned formats
Vending machines, carts, flea markets

Summary

Selling tobacco products in unincorporated Santa Clara County requires an annual Tobacco Retailer Permit, and new retailers can't locate within 1,000 feet of a school or 500 feet of another tobacco retailer.

City-specific rules exist: San Jose, and Mountain View have their own tobacco retail license rules that differ from Santa Clara County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

It shall be unlawful for any Person to act as a Retailer in an unincorporated area of the County without first obtaining and maintaining a Permit pursuant to this Chapter for each location at which Retailing occurs.

Source: Santa Clara County Code of OrdinancesView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

Under Chapter XXII, any retailer selling or distributing tobacco products in the unincorporated area must hold a Tobacco Retailer Permit from the Public Health Department, displayed at the location, with a separate permit for each site. Permits only cover fixed-location businesses, no carts, flea markets, or vending machines, and can't be issued within 1,000 feet of a school or 500 feet of an existing tobacco retailer, though retailers operating lawfully before January 2011 are grandfathered from the spacing rules.

Violations & Fines

Retailing without a permit, or violating permit conditions, triggers penalties under Sections B11-588 and B11-589, including fines and permit suspension or revocation by the Public Health Department.

Frequently Asked Questions

Do I need a county tobacco permit to sell in San Jose or Sunnyvale?
No: this county permit covers only the unincorporated area; incorporated cities like San Jose issue their own tobacco retailer licenses.
Can a new store open right next to an existing tobacco retailer?
Not within 500 feet of an existing tobacco retailer or 1,000 feet of a school, per Section B11-579, unless a pre-2011 grandfather exemption applies.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

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