San Bernardino County, CA Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Governing section
- County Code § 31.0308
- Self-service displays
- Prohibited, one-year removal deadline
- Vending machines
- Banned entirely, no exemption
- Exemption
- Adult-only tobacco specialty stores
- First-offense fine
- Up to $100
- Third-offense fine
- Up to $500
- Enforced by
- County Health Officer or designee
Summary
San Bernardino County bans self-service tobacco and e-cigarette displays and outlaws tobacco vending machines outright in the unincorporated area under County Code § 31.0308. Every sale must be vendor assisted, with a narrow carve-out for stores that sell tobacco exclusively and never admit minors. Fines escalate for repeat violations, enforced by the County Health Officer.
§ 31.0308 Vendor Assisted Sales. (a) Except for retail stores that deal exclusively in the sale of tobacco products and tobacco paraphernalia, and in which minors are never permitted to enter, it shall be unlawful for any person or business to sell, dispense, permit to be sold or offer for sale any tobacco product or electronic cigarette by means other than vendor assisted sales, including the selling, offering for sale, dispensing and displaying of any tobacco product or electronic cigarette by self-service displays. (b) Self-service displays prohibited by this Section in place as of the date the ordinance adopting this Section is approved shall be removed not later than one year after the effective date of this ordinance. (c) It shall be unlawful for any person, business, or tobacco retailer to locate, install, keep, maintain, use or permit the location, installation, keeping, maintenance or use of a vending machine for the purpose of selling or distributing any tobacco product, tobacco paraphernalia, electronic cigarette or other similar electronic device.
Full Breakdown
0308 of the County Code, part of the Chapter 3 smoking ordinance adopted by Ordinance 4212 in 2013, makes it unlawful for any retailer to sell tobacco products or electronic cigarettes by any means other than vendor assisted sales, meaning a store employee physically hands the product to the customer only after purchase. Open, self-service shelving and displays are prohibited unless the retailer deals exclusively in tobacco products and paraphernalia and never permits minors to enter the premises at all, a status that effectively limits the exemption to dedicated adult tobacconists.
Any self-service display already in place when the ordinance took effect had to be removed within one year. Subsection (c) separately bans tobacco vending machines entirely, county-wide, for any tobacco product, paraphernalia, electronic cigarette or similar device, with no exemption for adult-only locations. 0302, defines a self-service display as open display accessible to the public without retailer assistance, and defines vendor assisted sales as sales in which only the retailer or its employee has access to the product until it is purchased. 0309 falls to the County Health Officer or a designee, and any peace officer or code enforcement official may also enforce the Chapter. Residents can register a complaint directly with the Health Officer's office to trigger enforcement review.
Violations & Fines
Violations are prosecuted as infractions under § 31.0309: a fine not exceeding $100 for a first violation, $200 for a second within one year, and $500 for a third or subsequent violation within one year. A violation also constitutes a public nuisance that the County or an affected employee or resident may abate through administrative citation, a restraining order, or a preliminary or permanent injunction; all remedies are cumulative and not exclusive of other Code or state and federal law.
Frequently Asked Questions
Can a gas station in unincorporated San Bernardino County display vapes on an open counter shelf?
Are tobacco vending machines ever legal in the unincorporated county?
What happens on a first violation of the vendor-assisted-sales rule?
Who enforces the tobacco retail display rules?
Sources & Official References
Other rules in San Bernardino County
California rules heatmap·Compare San Bernardino County to another location·View the California business licensing & operations overview
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