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
Chapter 8.75's licensing scheme covers "tobacco retailer" broadly: FMC 8.75.010(r) defines it as anyone who sells, offers to sell, or exchanges tobacco, tobacco products, or tobacco paraphernalia "without regard to the quantity," and the definition of "tobacco product" in 8.75.010(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. Section 8.75.020 bars issuing a license for anything but a fixed location and bans foot or vehicle tobacco sales entirely.
Applicants apply under 8.75.130 and the license must be displayed prominently and cannot transfer between owners or locations under 8.75.160; the fee, set by council resolution under 8.75.180, is capped at the cost of administering the program and is nonrefundable. Retailers must also verify ID for anyone appearing under 27 years old (8.75.050), keep employees at or above the state minimum age (8.75.060), and are barred from self-service tobacco displays (8.75.070). Compliance is monitored by the department the city manager designates, which conducts complaint-based inspections and aims for at least one inspection per location per year under 8.75.190.
Selling without a valid license makes the retailer ineligible to apply for or receive a license for at least 30 days after discovery under 8.75.200, and any violation triggers an escalating suspension and revocation schedule under 8.75.210: 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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