Napa tobacco retailers must hold a California CDTFA Cigarette and Tobacco Products Retailer's License under Business & Professions Code Β§22970 et seq. and a City of Napa Business Tax Certificate under Napa Municipal Code Chapter 5.04. The City of Napa adopted Ordinance O2020-011 (effective January 1, 2021), codified at NMC Chapter 8.20, prohibiting the sale of flavored tobacco products within City limits - paralleling California SB 793, which voters upheld as Proposition 31 in November 2022 (fully effective December 21, 2022).
Tobacco retail in the City of Napa operates under a layered framework. The required licenses are: (1) California Cigarette and Tobacco Products Retailer's License from the California Department of Tax and Fee Administration (CDTFA) under Bus. & Prof. Code Β§22970 et seq., renewed annually at $265; (2) City of Napa Business Tax Certificate from the Finance Department under NMC Chapter 5.04 (minimum $30 for under $12,000 gross receipts, scaling to 0.1% above); and (3) federal Tobacco Permit if selling certain products in interstate commerce. The federal Tobacco 21 amendment to 21 U.S.C. Β§387f and California Bus. & Prof. Code Β§22963 set the minimum sales age at 21 for cigarettes, smokeless tobacco, e-cigarettes, vape products, and tobacco paraphernalia. Retailers must check ID for any purchaser appearing under 27 and post the STAKE Act warning sign in plain view. The most significant substantive restriction is the City of Napa's flavored-tobacco ban: on October 20, 2020, the City Council adopted Ordinance O2020-011, codified at NMC Chapter 8.20 (with the operative prohibition at NMC 8.20.020), prohibiting the sale of flavored tobacco products and flavored cigarettes, including menthol cigarettes, within City limits. The ordinance defines flavored tobacco as products with 'a distinguishable taste or aroma other than the taste or aroma of tobacco.' Three narrow exceptions are written into NMC 8.20: premium handmade cigars (not mass-produced); loose-leaf tobacco; and flavored shisha tobacco sold by licensed hookah retailers. California SB 793 (signed 2020, upheld by voters as Proposition 31 in November 2022, fully effective December 21, 2022) imposes a parallel statewide ban on most flavored tobacco at retail, with similar narrow exceptions for hookah, loose-leaf premium cigars, and certain pipe tobacco. NMC Chapter 8.20 authorizes the City to enforce its provisions through administrative penalties and citations. State-level enforcement is handled by CDTFA, Napa County Public Health's Tobacco Control Program (707-299-1908), and California ABC where alcohol is co-located.
Selling flavored tobacco in violation of NMC Chapter 8.20 (Ordinance O2020-011) is enforceable by City of Napa Code Enforcement through administrative penalties and citations, with fines escalating for repeat violations. Selling flavored tobacco in violation of Bus. & Prof. Code Β§22963.1 (the SB 793 prohibition) carries civil penalties of $250-$500 first violation and $500-$1,000 thereafter, plus CDTFA license revocation. Selling tobacco to anyone under 21 (Bus. & Prof. Code Β§22963) is a STAKE Act violation with administrative fines starting at $400 plus license action. Operating without a CDTFA license is a misdemeanor under Bus. & Prof. Code Β§22980.1. Operating without a City of Napa Business Tax Certificate under NMC Chapter 5.04 is independently citable.
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