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Livermore, CA Tobacco & Vaping: Flavored Tobacco Bans (2026)

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

Key Facts

Flavored tobacco sales
Banned citywide, § 5.50.100(A)
E-cig devices
Banned unless FDA-approved tobacco product
E-liquid
Banned unless FDA-approved and unflavored
Intent presumption
4+ flavored units triggers presumption
Civil fine
$250-$1,000 per violation
Enforcement
Livermore police department inspections

Summary

Livermore bans the sale of any flavored tobacco product, electronic smoking device, or e-cigarette fluid citywide under LMC § 5.50.100, unless the device or fluid is FDA-approved and not itself flavored. Possessing four or more flavored units for sale creates a rebuttable presumption of intent to sell, and violations carry a $250 to $1,000 civil fine per sale.

A. The sale, offer for sale, exchange, or offer to exchange of any flavored tobacco product is prohibited. ... B. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device is prohibited, except where the electronic smoking device is a new FDA approved tobacco product. C. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid is prohibited, except where the electronic smoking device fluid is an FDA approved tobacco product that is not otherwise prohibited by this chapter as a flavored tobacco product.

View official code

Full Breakdown

020(B). 100(A)(1)-(2)). § 387j; subsection C bans electronic smoking device fluid unless it is likewise FDA-approved and not itself flavored. 50. 130.

Violations & Fines

Selling, offering, or exchanging any flavored tobacco product, electronic smoking device, or device fluid not covered by the FDA-approval exception violates LMC § 5.50.100 and § 5.50.120(A)(6)-(8). Each sale is a separate offense, and each day of continued violation is a separate offense (§ 5.50.120(C)); the City Attorney or District Attorney may bring a civil action for a $250 to $1,000 fine per violation, or, in the interest of justice, prosecute as an infraction or misdemeanor (§ 5.50.130).

Frequently Asked Questions

Are menthol cigarettes legal to sell in Livermore?
No. LMC § 5.50.100(A) bans the sale of any flavored tobacco product, and § 5.50.020(B) defines a characterizing flavor to expressly include menthol along with mint, fruit, chocolate and other non-tobacco tastes. The ban applies to any Livermore tobacco retailer regardless of the state or federal rules on that same product.
Can a Livermore store sell any vapes at all?
Only if the device has cleared FDA premarket review as a 'new FDA approved tobacco product' under 21 U.S.C. § 387j. LMC § 5.50.100(B) otherwise bans the sale of every electronic smoking device outright, and § 5.50.100(C) applies the same FDA-approval and non-flavor test to the e-liquid sold for use in those devices.
How does the City prove a retailer intended to sell flavored tobacco?
LMC § 5.50.100(A)(2) creates a rebuttable presumption of intent to sell whenever a commercial enterprise possesses four or more flavored tobacco products, whether as individual items, packages, or any combination. A retailer can rebut that presumption, but the burden shifts once inspectors find that quantity on the premises.

Sources & Official References

Other rules in Livermore

Parking Rules: Overnight ParkingSome RestrictionsNoise Ordinances: Leaf Blower RulesSignificant RestrictionsParking Rules: EV ChargingSome RestrictionsParking Rules: Loading ZonesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsParking Rules: Curb Color RulesSome Restrictions

All Livermore rules

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