San Marcos Requires Licenses for Tobacco, E-cig Retailers

While California already mandates tobacco retailers obtain a special license, city officials say they need the local license fees for regular checks at tobacco sellers.

July 15, 2016

SAN MARCOS, Calif. – Retailers selling tobacco or electronic cigarettes within city limits must now acquire a special license from San Marcos after a unanimous city council vote this week, the San Diego Union Tribune reports. California has a requirement on the books that tobacco sellers have to hold a special retail license, but more than a hundred cities have additional ordinances. The state also upped the legal age to purchase tobacco—which now includes e-cigs—from 18 to 21.

San Marcos set the license fee at around $190 per retailer. The city will earmark the fees to fund regular compliance checks on tobacco sellers. “Now we have a way to fund our efforts to check on businesses for compliance,” said Councilwoman Rebecca Jones. “If we are not checking, how do we know if they are following the law?”

Retailers who sell tobacco aren’t happy about the additional license and fee. “I am compliant with everything,” said Pat Hesano, who co-owns Top Shelf Wine & Spirits. “My whole life is in this store. I don’t want to jeopardize it.” For Hesano, tobacco sale fees will cut into his profit because the margins for tobacco are small.

For its part, San Marcos will provide discounts to stores meeting certain criteria, such as regular staff training on how to sell tobacco, use magnetic age-verification readers and eliminate tobacco product ads on windows or doors. The ordinance will go into effect later this summer, with stores needing city licenses by the end of 2016.

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