Tobacco Retail Licensing Program

“Tobacco Retailer” means any Person who Sells, offers for Sale, or does or offers to exchange for any form of consideration Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold, offered for Sale, exchanged, or offered for exchange.

Tobacco retailers in the unincorporated areas of the County are required to submit an application for a tobacco retail license, submit a property owner consent form, pay an annual fee, and meet certain requirements of the ordinance to obtain and maintain a tobacco retailer license.  

Each location that sells tobacco products must have its own license. Each location must pay the annual license fee. 

The license requires that tobacco retailers comply with federal, state, and local tobacco-related laws, including provisions of the County’s tobacco retail license. Information about the County’s tobacco retail license is provided in this FAQ and can also be found in Chapter 8.68 “Tobacco Retailers” of the El Dorado County Ordinance Code. 

Educational materials regarding state and federal tobacco laws can be obtained at the following website.  For further questions, you may contact the El Dorado County Tobacco Use Prevention Program at TobaccoPreventionCoalition@edcgov.us 

In 2024, the annual tobacco retail license fee is $513.00, as established by Resolution 178-2024 of the Board of Supervisors.  

The term of the license is one (1) year. Each license must be renewed annually. You will receive an invoice along with an Annual Renewal Application from the County typically 1 month prior to the expiration of the license. 

Each tobacco retailer needs to apply for renewal of the tobacco retailing license (TRL) and submit the license fee no later than thirty (30) days prior to the expiration date of the TRL. 

An initial Application(PDF, 242KB) is required along with a Property Owner Consent Form(PDF, 112KB).  

*Please do not send in a payment with your application.  You will receive and invoice and if you currently hold a Health Permit with EMD, we will prorate and align your TRL with your existing account.  

a. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; 

b. any electronic device that delivers nicotine or tobacco, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; or 

c. any component, part, or accessory of (1) or (2) whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. 

d. “Tobacco Product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. 

Any Tobacco Product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. 

A public statement or claim made or disseminated by the manufacturer of a Tobacco Product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such Tobacco Product, that such Tobacco Product has a taste or smell other than tobacco shall constitute presumptive evidence that the Tobacco Product is a Flavored Tobacco Product.  

The tobacco license issued by the California State Board of Equalization is meant to curb tobacco tax fraud and the counterfeiting of tobacco products. That license does not preempt local jurisdiction from adopting local tobacco licenses.

On November 5, 2024, the El Dorado County Board of Supervisors adopted an ordinance adding Chapter 8.68 of Title 8 to the El Dorado County Code relating to the licensing of tobacco retailers. The ordinance promotes responsible tobacco retailing and compliance with federal, state and local tobacco-related laws. 

To legally sell tobacco products in the unincorporated areas of the County, you will need a valid state tobacco license and a County tobacco retail license. This requirement is in effect as of December 5, 2024, and will be enforced starting April 1, 2025. 

No, tobacco retailers cannot transfer their license from one person to another or from one location to another. A new Tobacco Retailer’s license is required whenever a Tobacco Retailing location has a change in Proprietor(s), or a Person issued a License changes a business location for Tobacco Retailing. 

No, mobile vending is prohibited. No license may be issued to authorize Tobacco Retailing at other than a fixed address store front or other permanent type of structure, including, but not limited to, Tobacco Retailing by Persons on foot or from vehicles.  All sales to consumers must be conducted on-site, in person, at the licensed location.

Without a license, the public display of Tobacco Products is a violation and shall constitute Tobacco Retailing without a license, a violation that may delay eligibility for a license.

• Discounts, coupons, promotional items, and samples are prohibited.

• Sale of Single-Use Electronic Cigarettes and Non-FDA Authorized Electronic Cigarettes are prohibited. 

• “Single-Use Electronic cigarette" means:

   Any single-use device or delivery system that is sold pre-filled with nicotine-containing liquid/substance, which is not refillable or rechargeable and is typically discarded once its contents have been used, and is designed to deliver nicotine to a person through aerosolized or vaporized form. This includes but is not limited to, single-use e-cigarettes, e-cigars, e-pipes, vape pens, or e-hookahs. Exempted from this definition are products approved by the Food and Drug Administration (FDA) for sale as tobacco cessation aids or for other therapeutic purposes and marketed solely for those approved uses.   

  “Non-FDA Authorized Electronic Cigarettes” means an Electronic Cigarette that is: 

  1. A New Tobacco Product;
  1. Requires premarket review under 21 U.S.C. Sec. 387j, as may be amended from time to time; and
  2. Does not have a premarket review order under 21 U.S.C. Sec. 387j(c)(1)(A)(i), as may be amended from time to time.

  The FDA maintains a list of authorized E-cigarette products at this site: FDA Tobacco Education & Prevention Resources: Posters, Flyers, & More | FDA Authorized E-Cigarette Products (hhs.gov) Please note that some FDA authorized products fail to meet other specifications (i.e some menthol flavored products are authorized by the FDA for sale, but as flavored products, they are prohibited under this TRL.)

Violations of the license are subject to monetary fines, suspension and/or revocation of the license, in addition to any penalties that may be applicable under state or federal law.

Tobacco retailers who violate the minimum tobacco age of sale law are subject to the following civil and criminal penalties under California Penal Code Section 308 (a); and civil penalties under Business and Professions Code Section 22958; and local ordinance 5211, Section 8.68.180 Public Nuisance; Enforcement; Administrative Penalties defines fines for violation of all sections of the chapter, including minimum sales age requirements.

Yes. Environmental Health Inspectors will conduct regular site inspections of retailers for compliance with local, state, and federal tobacco retail laws. The El Dorado Sheriff's Department will conduct random undercover youth decoy operations to check for compliance with laws prohibiting the sale of tobacco products to minors.

Sample Inspection Form(PDF, 265KB)