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

Heavy Restrictions

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

Key Facts

Core ban: Flavored tobacco sales, § 7-2.08(b)
Reaches: Premium cigars, shisha, loose-leaf
Exception: 220 Olivier St shisha, on-site only
Possession presumption: 4+ flavored items, § 7-2.08(g)
Disposable vapes: Banned outright, § 7-2.08(f)

Summary

Monterey bans selling flavored tobacco products and flavor enhancers under City Code § 7-2.08(b), and the ban expressly reaches premium cigars, shisha and loose-leaf tobacco that state law otherwise exempts elsewhere. A single narrow carve-out lets one shisha lounge at 220 Olivier Street keep selling flavored shisha for on-site use only, if it meets specific state conditions.

b.It shall be a violation of this Article to sell flavored tobacco products or tobacco product flavor enhancers in violation of the California Health and Safety Code and, as a greater restriction, such prohibition in this Article does not exempt, but instead expressly applies to premium cigars, shisha tobacco products, or loose-leaf tobacco. ... 1.This subsection does not apply to flavored shisha tobacco products sold at 220 Olivier Street, Monterey for on-site use, so long as the retailer complies with conditions for the sale of flavored shisha tobacco products by a hookah tobacco retailer set out under subsection (c) of California Health and Safety Code Section 104559.5, and so long as the retail sale for on-site use of flavored shisha tobacco at this location is not discontinued for a period of ninety (90) consecutive days or more.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).

Full Breakdown

5(c) and on that on-site sale not being discontinued for ninety consecutive days or more. 08(h), public claims that a product imparts a flavor, flavor-suggestive packaging, or other consumer-directed marketing all create a presumption that the product is flavored. 08(f) separately bans selling or possessing for sale any single-use electronic smoking product, meaning disposable vapes are barred outright regardless of flavor. 09.

Violations & Fines

A flavored-tobacco sale is a violation of the tobacco retailer license Article, exposing the location to the same escalating suspension schedule as any other license violation: sixty days for a first offense, one hundred twenty for a second, one hundred eighty for a third, and revocation with a five-year bar on a fourth, all within a sixty-month window under § 7-2.10(c). The City Attorney may instead prosecute a violation as an infraction or misdemeanor under § 7-2.14.

Frequently Asked Questions

Does Monterey's flavor ban cover premium cigars?

Yes. Section 7-2.08(b) states the local ban 'does not exempt, but instead expressly applies to premium cigars, shisha tobacco products, or loose-leaf tobacco,' categories that California's statewide flavor law otherwise carves out for retailers elsewhere.

Is there anywhere in Monterey that can still sell flavored shisha?

One location. Section 7-2.08(b)(1) exempts flavored shisha sold for on-site use at 220 Olivier Street, provided the retailer meets the state's hookah-tobacco-retailer conditions and does not stop on-site shisha sales for ninety or more consecutive days.

Can a retailer be cited just for having flavored vapes in stock?

Yes. Section 7-2.08(g) creates a rebuttable presumption of intent to sell once a retailer possesses four or more flavored tobacco products, and § 7-2.08(h) lets marketing claims or packaging alone establish that a product counts as flavored.

Are disposable vapes legal to sell in Monterey?

No. Section 7-2.08(f) separately bans selling, offering for sale, or possessing with intent to sell any single-use electronic smoking product, a flat prohibition that applies regardless of whether the product is flavored.

Sources & Official References

[1]Monterey City Code § 7-2.08

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