Tobacco Retail License: San Jose vs Sunnyvale
How do tobacco retail license rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
San Jose, CA
Santa Clara County
San Jose Municipal Code Chapter 6.86 requires every tobacco and electronic-smoking-device retailer to hold a city Tobacco Retail License. The ordinance bans flavored tobacco, sales by pharmacies, and sets density and proximity limits.
View full San Jose rules →Sunnyvale, CA
Santa Clara County
Santa Clara County's Tobacco Retail License ordinance NS-300.789, among California's strongest, requires every tobacco and vape retailer in unincorporated areas to hold an annual license, caps density, and bans new tobacco retail near schools.
View full Sunnyvale rules →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| Code | SJMC Chapter 6.86 | - |
| Flavor ban | All flavored tobacco prohibited | - |
| Pharmacy sales | Banned | - |
| School buffer | 1,000 feet from K-12 | 1,000 feet from new retail |
| Retailer buffer | 500 feet apart | - |
| Ordinance | - | NS-300.789 |
| Pharmacy ban | - | No tobacco at pharmacies |
| Federal age | - | 21 minimum purchase |
| Enforcement | - | Decoy compliance checks |
Highlighted rows indicate differences between cities.
San Jose FAQ
Can a San Jose pharmacy sell cigarettes?
No. SJMC Chapter 6.86 bans tobacco product sales by any establishment that operates a pharmacy. The pharmacy provision applies to retailers with on-site pharmaceutical dispensing whether independent or chain stores.
Are menthol cigarettes legal to sell?
No. San Jose's flavor ban includes menthol cigarettes and all other flavored tobacco products including flavored vape, hookah, cigars, and chewing tobacco. Only unflavored tobacco may be sold by licensed retailers.
Sunnyvale FAQ
Can a new tobacco shop open across from a school?
No. NS-300.789 prohibits new tobacco retailers within 1,000 feet of schools, parks, playgrounds, and other tobacco retailers in unincorporated Santa Clara County.
Are pharmacies allowed to sell cigarettes?
No. Santa Clara County bans tobacco sales at pharmacies regardless of co-located products. Existing pharmacies cannot renew tobacco retail licenses.
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