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

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

Key Facts

License required by
SLMC § 4-36-150(a)
Issuing authority
Administrator (Chief of Police/designee)
Minor sales age floor
ID check for buyers under 27
Minimum cigar pack price
$7 per 5 cigars
Second-violation fine
$2,500
Fourth violation
Revocation, 3-year new-license bar
Infraction fine
$100 per violation

Summary

Every tobacco and e-cigarette retailer in San Leandro needs a City tobacco retailer's license under Municipal Code Chapter 4-36. Selling without one is a nuisance as a matter of law, self-service displays are banned, and repeat violations escalate from a warning to license revocation.

Tobacco Retailer's License Required. It is unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer's license pursuant to this Chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4967405; v8 updated 2026-07-06).

Full Breakdown

Section 4-36-150 makes it unlawful to act as a tobacco retailer in the City without a valid tobacco retailer's license issued under Chapter 4-36, and declares unlicensed tobacco retailing a nuisance as a matter of law. The license must be prominently displayed, self-service displays including vending machines are prohibited, no one under 18 may sell tobacco, and clerks must check ID for any buyer who appears under 27. Section 4-36-150(k) sets a minimum cigar pack size, barring single-cigar sales and setting a floor of seven dollars per five cigars unless the single cigar's retail price exceeds five dollars or a higher Council-set threshold.

Applications under Section 4-36-250 go to the Finance Department, naming every proprietor, and must include proof of a valid State tobacco license from the Board of Equalization, a five-year violation history disclosure, and a signed statement that no drug paraphernalia is or will be sold at the location. The Administrator, the Chief of Police or designee, issues the license under Section 4-36-300 unless the application is false, the location is barred by the Chapter, or the applicant is otherwise ineligible; a license issued at a location where products are barred under the Zoning Code cannot be granted under Section 4-36-200.

Compliance is monitored by the Police Department through decoy compliance checks under Section 4-36-550. The license fee, set by City Council resolution in the Master Fee Schedule under Section 4-36-500, is capped at the cost of administering and enforcing the licensing program and is nonrefundable.

Violations & Fines

Section 4-36-600 escalates penalties within any 36-month period at one location: a first violation draws a written warning with 30 days to cure; a second violation carries a $2,500 fine; a third violation suspends the license for 20 days; a fourth or later violation revokes the license, and no new license may issue for that location or retailer for three years. Section 4-36-650 makes each violation a $100 infraction or, at the City Prosecutor's discretion, a misdemeanor, plus a civil fine of $250 to $1,000 per violation, with every day of continued sale and every unlawful item counted as a separate violation.

Frequently Asked Questions

Can I sell tobacco or vapes in San Leandro without a license?
No. Section 4-36-150(a) requires a valid tobacco retailer's license for each location before any tobacco, e-cigarette or related paraphernalia retailing occurs, and unlicensed retailing is declared a nuisance as a matter of law, opening the door to nuisance abatement in addition to license penalties.
What happens after repeated tobacco licensing violations in San Leandro?
Section 4-36-600 escalates penalties over a rolling 36 months: a written warning on the first violation, a $2,500 fine on the second, a 20-day suspension on the third, and revocation plus a three-year bar on a new license at that location on the fourth.
Are vending machines allowed for tobacco sales in San Leandro?
No. Section 4-36-150(f) prohibits tobacco retailing by self-service display, and the definition of self-service display in Section 4-36-100 expressly includes vending machines.

Sources & Official References

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