Modesto, CA Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Citywide permit cap
- 1 per 25,000 residents (§4-24.103(b))
- Per-district cap
- Max 2 Smoke Shops per Council District
- Permit issued by
- Chief of Police (§4-24.102(g))
- Permit term
- 1 year, renewable (§4-24.104(d))
- Unlicensed operation fine
- Up to $20,000 (§4-24.109(b)(1)(iv))
- Existing-shop deadline
- Apply by November 14, 2025
Summary
Modesto requires every Smoke Shop, including vape and e-cigarette retailers meeting the definition, to hold a Smoke Shop Permit from the Chief of Police under Code Section 4-24.103, on top of a City business license. Citywide permits are capped at one per 25,000 residents, with no more than two shops per Council District.
(a)All Smoke Shops must obtain a Smoke Shop Permit prior to commencing operations, in addition to a City business license and any other permit, licenses, or approval required by the City, State, or other public agency.(b)The total number of Smoke Shop Permits within the City shall be limited to one (1) per twenty-five thousand (25,000) residents in the City. ... No Smoke Shop Permit may be issued to any Smoke Shop, other than to an Existing Smoke Shop, prior to November 14, 2025. ... (c)A Smoke Shop Permit shall be non-transferable, shall not run with the land, and shall be valid only at the site described in the application.(d)A Smoke Shop Permit shall be valid for one (1) year from the date of issuance and may be renewed upon submission of a renewal application and fee established by the City Council by Resolution to the City.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
102(e) as a retailer primarily selling tobacco products or tobacco paraphernalia, meaning 15 percent or more of floor space or 15 linear feet of display devoted to those items; premium cigar retailers, hookah lounges, and licensed cannabis dispensaries are excluded. 103(b) bars any new permit, beyond an existing shop, before November 14, 2025, and if applications ever exceed the available slots the Chief of Police awards them by random lottery. 104 governs the application itself: a form disclosing the property owner, all Smoke Shop Operators, a site plan, and the application fee set by City Council resolution, reviewed by other City departments for zoning, building, health and fire compliance.
A permit is non-transferable, tied to one location, valid for one year, and renewable on payment of a renewal fee. 104(e), including an incomplete application, delinquent City fees, a prior permit revocation within 24 months, or a threat to public health, safety or welfare. 110, triggering a hearing before a City Manager-appointed Hearing Officer no earlier than 20 days later.
Violations & Fines
Operating a Smoke Shop without a valid permit draws a fine of up to $20,000 under Section 4-24.109(b)(1)(iv). Other violations of the chapter carry administrative fines from $500 to $2,000 for a first offense, $1,000 to $3,000 for a second within five years, and $2,000 to $5,000 for a third and beyond, on top of possible misdemeanor criminal prosecution and permit suspension or revocation by the Chief of Police. The property owner, the Smoke Shop Operator, and employees can all be held jointly and severally liable under Section 4-24.109(d).
Frequently Asked Questions
How many smoke shops or vape shops can operate in Modesto?
Who issues a Smoke Shop Permit in Modesto?
What happens if a shop sells tobacco products without a permit?
Can a shop that was already open keep operating under the new rule?
Sources & Official References
Other rules in Modesto
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