Novato, CA Business Licensing & Operations: Tobacco Retail License (2026)

Novato's Tobacco Retailers' Licensing Law, section 7-8 of the Novato Municipal Code (Ordinance No. 1615, January 31, 2017, amended by Ordinances No. 1634 and No. 1673), makes it unlawful to act as a tobacco retailer in the city without first obtaining and maintaining a valid license for each location. Selling without one is a nuisance as a matter of law. The definition of tobacco product in section 7-8.2 includes electronic smoking devices that deliver nicotine, so an e-cigarette or vape shop needs the same license as a cigar store.

Section 7-8.3 sets the operating rules. The license must be displayed prominently at the location. Sellers must examine identification before selling to anyone who appears to be under age 27, no one younger than 18 can engage in tobacco retailing, and self-service displays are prohibited. No retailer can sell or offer a flavored tobacco product, and a manufacturer's public statement of a characterizing flavor, including text, color or images on packaging, creates a rebuttable presumption. Cigars cannot be sold singly or in packages of fewer than five, except a single cigar with a retail price above $5.00. No license can be issued to a pharmacy.

Applications go to the department, defined as the city manager and designees, in the name of each proprietor, with proof that the location holds a state tobacco retailer's license from the California Board of Equalization. The department issues a license unless the application is false, the location or proprietor is barred, or the location is unlawful under the Code, including the zoning ordinance. A denial is appealable to the city council by written filing with the city clerk within 15 days.

The license term is one calendar year, renewed together with the annual business license under section 8-1, and a license not timely renewed expires on December 31. A license cannot move to another location, and a change in proprietor requires a new license. The fee is set by city council resolution to recover the cost of administration and enforcement. The department works with the Marin County Tobacco Program to inspect each retailer at least once per 12-month period.