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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit required
For every tobacco/e-cig retailer
Issuing authority
Chief of Police (SDPD)
Per-location rule
Separate permit per fixed site
Mobile sales
Not permitted, fixed location only
Transferable
No, permits are non-transferable

Summary

San Diego requires every tobacco and e-cigarette retailer to hold a police permit from the Chief of Police before selling, with a separate permit issued for each fixed sales location under SDMC section 33.4503.

(a) It is unlawful for any person to operate as a tobacco retailer or as an electronic cigarette retailer without a police permit. (c) A tobacco retailer or electronic cigarette retailer shall obtain a separate police permit for each fixed location from which he or she engages in tobacco retailing or electronic cigarette retailing. (d) No police permit shall be issued for any person operating as a tobacco retailer or electronic cigarette retailer at any location other than a fixed location.

Source: SDMC §32.5101 Tobacco Retail LicenseView official code

Full Breakdown

Under San Diego Municipal Code section 33.4503, operating as a tobacco retailer or electronic cigarette retailer without a police permit is unlawful, and a separate permit is required for each fixed location: no permit is issued for anything but a fixed storefront, so mobile or pop-up tobacco and vape sales are barred outright. The Chief of Police administers applications, which require photo ID, a Social Security number, and business history, and can deny a permit for recent convictions under the STAKE Act or similar tobacco-control laws. Permits are non-transferable and must be renewed with the business tax certificate.

Violations & Fines

Selling tobacco or vape products without a police permit, operating from an unpermitted or non-fixed location, or transferring a permit violates SDMC section 33.4503; the Chief of Police may deny, suspend, or revoke the permit under sections 33.0401-33.0406 and 33.4510.

Frequently Asked Questions

Do I need a permit to sell vape products in San Diego?
Yes. SDMC section 33.4503 makes it unlawful to operate as a tobacco or electronic cigarette retailer without a police permit, issued separately for each fixed location by the Chief of Police.
Can I sell tobacco or vape products from a cart or pop-up?
No. Section 33.4503(d) says no police permit is issued for a location other than a fixed location, so mobile carts or pop-up tobacco and vape sales are not permitted.

Sources & Official References

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