Fremont, CA Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Governing section
- FMC 8.75.020
- Covers
- Vape, e-cigarette, and tobacco retailers
- Location rule
- Fixed location only, no foot/vehicle sales
- First violation
- 30-day license suspension
- Fourth violation
- Mandatory license revocation
- Settlement minimum
- $1,500 first, $5,500 second violation
Summary
Fremont Municipal Code 8.75.020 requires every tobacco retailer, including vape and e-cigarette shops, to hold a valid city-issued tobacco retailer's license for each fixed location before selling. Roving or vehicle-based tobacco sales are banned outright, and selling without a license is declared both illegal and a nuisance as a matter of law.
It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid city-issued tobacco retailer's license pursuant to this chapter for each tobacco retailing location. No license may issue to authorize tobacco retailing at other than a fixed location. Tobacco retailing by persons on foot or from vehicles is prohibited. Tobacco retailing without a valid tobacco retailer's license is illegal and a nuisance as a matter of law.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
010(q)(2) expressly includes electronic cigarettes, vaping devices, electronic cigars, electronic pipes and electronic hookahs, so a vape shop needs the same license as a cigarette counter. 020 bars issuing a license for anything but a fixed location and bans foot or vehicle tobacco sales entirely. 180, is capped at the cost of administering the program and is nonrefundable. 070). 190. 210: 30 days for a first violation in any 60-month period, 90 days for a second, 12 months for a third, and outright revocation after a fourth.
Violations & Fines
A first violation draws a 30-day license suspension, a second a 90-day suspension, a third a 12-month suspension, and a fourth mandatory revocation, all within a rolling 60-month window under FMC 8.75.210. Selling without a license bars reapplying for at least 30 days under 8.75.200, and illegal product can be seized and destroyed after notice and a hearing under 8.75.220. A retailer can settle a first violation for a five-day suspension plus $1,500, or a second for 15 days plus $5,500.
Frequently Asked Questions
Does a Fremont vape shop need the same license as a cigarette store?
Can someone sell tobacco or vapes from a cart or vehicle in Fremont?
What happens the second time a retailer is caught violating the tobacco licensing chapter?
Sources & Official References
Other rules in Fremont
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