Santa Clara County, CA Business Licensing & Operations: Tobacco Retail License (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.
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.
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?
Can a new store open right next to an existing tobacco retailer?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California business licensing & operations overview
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