TO: Honorable Members of the Planning Commission
FROM: Beth Lindauer, Community Development Director
SUBJECT:
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Consideration of a Recommendation to the City Council for Adoption of a Tobacco Retailer Permit Ordinance Establishing Local Regulations for Tobacco Retailers Operating Within the City of Red Bluff
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RECOMMENDED COUNCIL ACTION:recommendation
1. Receive the staff report and presentation.
2. Conduct a public hearing and receive public testimony.
3. Adopt Resolution 2026-17 recommending that the City Council approve the proposed Tobacco Retailer Permit Ordinance.
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SUMMARY:
The proposed Tobacco Retailer Permit Ordinance (Exhibit A) would establish a local permitting and enforcement program for businesses that retail tobacco products and tobacco paraphernalia within the City of Red Bluff. The ordinance is intended to promote responsible tobacco retailing practices, strengthen compliance with state and federal tobacco laws, and provide local enforcement mechanisms intended to reduce unlawful tobacco sales, particularly sales to minors. Currently, the City does not maintain a local tobacco retailer permitting program. Although tobacco retailers are subject to state licensing requirements and applicable federal and state regulations, the proposed ordinance would establish local operational standards and enforcement procedures specific to tobacco retailing activities occurring within city limits. The proposed ordinance was prepared in response to ongoing statewide efforts by local jurisdictions to address tobacco sales compliance, youth access prevention, and retailer accountability through local regulatory programs
DISCUSSION:
There are 25 Tobacco retailers in Red Bluff as of 4/1/2026 (Exhibit C). The proposed ordinance would require all tobacco retailers operating within the City of Red Bluff to obtain and maintain a valid Tobacco Retailer Permit for each fixed retail location where tobacco products or tobacco paraphernalia are sold. The ordinance would apply to any new or existing business engaged in the sale, exchange, or offer for sale of tobacco products, electronic cigarettes, nicotine products, or tobacco paraphernalia.
This ordinance establishes several operational requirements for tobacco retailers, including:
• Mandatory display of the Tobacco Retailer Permit in a publicly visible location;
• Verification of customer identification for individuals appearing under 30 years of age;
• Prohibition of self-service tobacco displays;
• Minimum age requirements for employees engaged in tobacco sales;
• Compliance with all applicable state and federal tobacco laws; and
• Maintenance of all required state and federal signage.
• Prohibits tobacco retailing from non-fixed or mobile locations.
The ordinance establishes procedures for permit application, issuance, renewal, suspension, revocation, appeals, and enforcement. Permit applications would be submitted to the city on forms provided by the Community Development Department and would require disclosure of ownership and operational information (Exhibit B).
Permits would be valid for one year and subject to annual renewal. The ordinance further establishes administrative enforcement procedures and penalties for violations, including permit suspension, revocation, administrative fines, and appeal procedures.
Permit Fee
Staff has prepared a cost estimate for implementing the program and estimates the annual administrative cost at approximately $640 per retailer. The estimate is based on anticipated staff time for application processing, TAC review, permit issuance and renewal, code enforcement activities, compliance inspections, and administrative supply costs using current fully burdened staff rates.
Based on the current approximate 25 tobacco retailers operating within the city, the proposed fee structure is intended to provide cost recovery for the city’s regulatory obligations without exceeding the reasonable cost of administering the program, consistent with applicable California law.
Future fee adjustments may be considered by the City Council through a fee schedule update to reflect changes in staffing and operational costs.
ENVIRONMENTAL IMPACT:
The proposed ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), commonly referred to as the “common sense exemption,” because it can be seen with certainty that adoption of the ordinance would not result in a direct or reasonably foreseeable physical change in the environment.
FISCAL IMPACT:
Implementation of the Tobacco Retailer Permit Program would result in administrative and enforcement costs associated with permit processing, compliance monitoring, inspections, enforcement, and related administrative activities.
The proposed ordinance authorizes the City Council to establish permit fees intended to recover the reasonable costs of program administration and enforcement.
ATTACHMENTS:
1. Exhibit A - Tobacco Retailer Permit DRAFT ORD
2. Exhibit B - SAMPLE Application - RB
3. Exhibit C - RB Tobacco Products Retailers as of 4.1.2026
PLANNING COMMISSION RESOLUTION NO. 2026-17
A RESOLUTION OF THE RED BLUFF PLANNING COMMISSION REGARDING
WHEREAS, the City of Red Bluff desires to promote responsible tobacco retailing practices and support compliance with applicable federal, state, and local tobacco laws; and
WHEREAS, the proposed Tobacco Retailer Permit Ordinance establishes local regulations governing the retail sale of tobacco products and tobacco paraphernalia within the City of Red Bluff; and
WHEREAS, the proposed ordinance would require tobacco retailers operating within the city to obtain and maintain a Tobacco Retailer Permit for each fixed retail location; and
WHEREAS, the proposed ordinance establishes operational requirements, compliance monitoring procedures, enforcement mechanisms, permit suspension and revocation procedures, and administrative penalties related to tobacco retailing activities; and
WHEREAS, the Planning Commission has reviewed the proposed Tobacco Retailer Permit Ordinance, the staff report, and all public testimony and evidence presented during the duly noticed public hearing held on May 26, 2026; and
WHEREAS, the Planning Commission finds that the proposed ordinance is consistent with the public health, safety, and welfare objectives of the City of Red Bluff; and
WHEREAS, the Planning Commission further finds that adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), commonly referred to as the “common sense exemption,” because it can be seen with certainty that the ordinance will not result in a direct or reasonably foreseeable physical change in the environment, and additionally may be categorically exempt pursuant to CEQA Guidelines Section 15308 relating to actions by regulatory agencies for protection of the environment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Red Bluff as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Planning Commission finds that the proposed Tobacco Retailer Permit Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment.
SECTION 3. The Planning Commission hereby recommends that the City Council adopt the proposed ordinance adding Article XXVIII, “Tobacco Retailer Permit,” to Chapter 25 of the Red Bluff Municipal Code, substantially in the form presented to the Planning Commission.
NOW THEREFORE, BE IT RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF RED BLUFF:
The foregoing resolution was adopted at a regular meeting of the Planning Commission held on May 26, 2026, by the following vote:
ATTEST: _____________________________
Community Development Director
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Deputy City Clerk