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Santa Fe, NM Business Licensing & Operations: Tobacco Retail License (2026)

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

Key Facts

Governing section
SFCC 1987 § 20-27.3
Self-service displays
Banned for tobacco products
Vending machines
Employee-only, lockout, or age-controlled sites
Required sign fine notice
Up to $1,000 posted at point of sale
Violation classification
Misdemeanor, separate offense each time
Inspections
Random, unannounced by city staff

Summary

Santa Fe bars retailers from selling tobacco products by any method other than a direct, face-to-face exchange and bans self-service tobacco displays. Section 20-27.3 SFCC 1987 also confines tobacco vending machines to employee-only areas, remote-lockout machines, or age-controlled venues, backed by mandatory point-of-sale warning signs.

A.Except as provided in paragraphs B and C of this section:(1)A person shall not sell tobacco products at a retail location by means other than a direct, face-to-face exchange between the customer and seller or the seller's employee; and(2)A person selling goods at a retail location shall not use a self-service display for tobacco products.B.Tobacco products may be sold by vending machines in the following locations only:(1)In locations not held open to the public, including controlled areas within factories, businesses and offices;(2)In locations in which the vending machine is equipped with a remote-controlled lock-out device; or;(3)In age-controlled locations where minors are not permitted unless accompanied by a parent or guardian.

Full Breakdown

The Tobacco Product Placement Ordinance, Section 20-27 SFCC 1987, restricts how tobacco products can be sold at retail inside the city. 3(A) requires that, with limited exceptions, every tobacco sale happen through a direct, face-to-face exchange between the customer and the seller or the seller's employee, and it prohibits self-service displays, meaning tobacco cannot sit where a customer can pick it up without a clerk's assistance. 3(B): areas not open to the public, such as employee-only factory or office space; machines fitted with a remote-controlled lock-out device; or age-controlled locations where minors cannot enter unless accompanied by a parent or guardian.

4 requires every retailer and vending-machine location to post a printed sign or decal stating that a person under 18 who buys a tobacco product, and a person who sells one to someone under 18, each face a fine of up to $1,000. 5. 6, sentenced under the general penalty schedule of Section 1-3 SFCC 1987, and each sale or display violation counts as a separate offense.

Violations & Fines

Violating the face-to-face sale rule, running a self-service tobacco display, or using an unauthorized vending machine is a misdemeanor under Section 20-27.6, with each incident charged as a separate offense. Failing to post the required $1,000 point-of-sale warning sign is also a code violation, discovered through the city's random, unannounced retailer inspections under Section 20-27.5.

Frequently Asked Questions

Can a Santa Fe store display tobacco products on an open shelf?
No. Section 20-27.3(A) bans self-service displays for tobacco products, meaning customers cannot access them without a clerk. Sales must happen through a direct, face-to-face exchange between the customer and the seller or the seller's employee, with limited vending-machine exceptions.
Where can tobacco vending machines be placed in Santa Fe?
Section 20-27.3(B) allows tobacco vending machines only in three settings: areas closed to the public such as employee work areas, machines equipped with a remote-controlled lock-out device, or age-controlled locations minors cannot enter without a parent or guardian.
What sign must a Santa Fe tobacco retailer post?
Section 20-27.4 requires a printed sign or decal at the point of sale stating that anyone under 18 who buys a tobacco product, and anyone who sells one to a minor, is subject to a fine of up to $1,000.

Sources & Official References

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