What is the Tobacco Seller's Ordinance in Tempe?
Tempe City Council approved Ordinance O2023.55 amending Tempe City Code that creates a tobacco sales licensing program, to prevent the sale of tobacco and tobacco products to minors and young adults under the age of twenty-one (21). Tobacco sales establishments are required to obtain a Tobacco Seller's License (TSL) and pay an annual fee of three hundred dollars ($300.00). The ordinance is effective on May 1, 2024.
What is the reason for the new Ordinance?
The purpose is to regulate tobacco sales establishments to promote the public health, safety, and general welfare of the citizens of the city, and to avoid and prevent the illegal sale of tobacco products, including cigarettes or any other tobacco paraphernalia, in particular, to minors and young adults under the age of twenty-one (21).
What is a tobacco sales establishment?
A tobacco sales establishment means any place of business that sells or offers for sale tobacco, tobacco products, tobacco paraphernalia or alternative nicotine products, or who samples tobacco products or paraphernalia. These businesses include, but are not limited to, tobacco shops, cigar and pipe retailers, cigarette or electronic cigarette retailers, smoking establishments, grocery stores, kiosks, convenience stores, gasoline and/or service stations, bars, and restaurants. The term “tobacco sales establishment” does not include the non-management employees of any tobacco sales establishment.
When will the Tobacco Seller's License and Enforcement begin?
The amended code will go into effect May 1, 2024. This will allow tobacco retailers sufficient time to complete the training requirement. NOTE: application will be available in advance of the effective date.
The Tempe Police Department will investigate any complaints, as well as conduct compliance checks alongside the Arizona Attorney General’s Office.
How do I obtain the new Tobacco Seller's License?
Tobacco retailers must submit an application online and provide proof of Arizona Retail Tobacco Training (ARTT), a valid Transaction Privilege Tax license and payment of the annual license fee. You may apply at tempe.gov/licenseportal.
No person or tobacco sales establishment may sell products without a valid TSL. Upon receipt of a license, the license shall be displayed at all times within the establishment location.
How much does the Tobacco Seller's License Cost?
The annual license fee is three hundred dollars ($300.00) and is non-refundable. For any new license issued on or after July 1, of any calendar year, the annual license fee, for the remaining portion of the year, shall be imposed at a twenty-five percent (25%) discount.
The fees shall be used to cover the administration cost of licensing administration, any required education and training, and any unannounced compliance checks.
How long is the Tobacco Seller's License valid?
The Tobacco Seller's License is valid for one (1) calendar year between Jan. 1-Dec. 31 and expires annually on Dec. 31. A TSL is invalid if the license fee has not been paid timely or the license term has expired.
Any license issued pursuant to the new provisions which has not been revoked, may be renewed for one (1) year on application to the licensing officer made at least thirty (30) days prior to the expiration date of the valid license. A late fee of one hundred dollars ($100.00) will be assessed for a renewal application past Dec. 31.
What is the Arizona Retailer Tobacco Training (ARTT)?
The Arizona Retailer Tobacco Training (ARTT) is a free, informative program designed to educate individuals and business retailer on how to comply with state and federal laws that regulate youth access to tobacco. For more information or to register for the Arizona Retailer Tobacco Training (ARTT) .
What happens if I am engaged in tobacco sales without a valid TSL?
Any tobacco sales establishment found to be selling products without a license or during a period when the license is suspended or revoked shall be ineligible to receive a TSL for a period of three (3) years from the date of the infraction.
A TSL is invalid if the license fee has not been paid timely or the license term has expired.
No person or tobacco sales establishment may sell products without a valid TSL.
If I own more than one business location in Tempe, do I need separate TSL’s?
TSL’s are not transferrable from one tobacco sales establishment to another, from one person to another, or from one location to another. A separate TSL must be obtained for each location where tobacco and related products are sold.
A new license is required if a location has changed proprietor, or a person issued a license changes a business location for tobacco sales.
What are the zoning requirements for a Tobacco Sales Establishment?
Per TCC Section 3-423, tobacco sales establishments shall not be located on a lot within one thousand three hundred twenty (1,320) feet, measured by a straight line in any direction, from the lot line of a charter school, private school, or public school, which provides elementary or secondary education. Instructional or vocational schools are excluded from the separation requirement.
Can tobacco products be sold in Tempe from a vending machine in a public place?
No. Per TCC Sec 22-52, no person shall permit the distribution of tobacco products through the operation of a vending machine in a public place.
What are the penalties for selling to minors and/or young adults under the age of twenty-one (21)?
- First violation: $500 and the agent of the tobacco retailer must attend an Arizona retail tobacco training class
- Second violation: $750 and the tobacco retailer is prohibited from selling tobacco products for 7 days
- Third violation: $1,000 and the tobacco retailer is prohibited from selling tobacco products for 30 days
- Fourth violation: $1,000 and license revocation
Is a Use Permit from the City of Tempe Planning Department required?
Per the Smoke-Free Arizona Act, if your establishment offers onsite tobacco product consumption OR if 51% percent or more of your sales are tobacco products, you will need a Tempe Use Permit. Please call Planning at 480-350-4311 for assistance.
Please note that hookah lounges and businesses with onsite tobacco product consumption are also required under the Smoke-Free Arizona Act to have:
- Physically separated, full separation from neighboring businesses floor to ceiling
- Independently ventilated from any neighboring business
How do I file a complaint against a retailer?
Anyone who possesses information about a licensed retailer selling to minors can submit anonymous crime tips to the Tempe Police Department through Citizen Observer, an online tip service. To report a crime, contact Tempe Police Department at 480-350-8311. In case of an emergency, dial 911.
Click Here to view City of Tempe Ordinance O2023.55.
